VINOD @ VINOD KUMAR YADAV AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/7036/2025 · 2025-08-27
Shree Prakash Singh
body2025
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[ 2025 DAILYLAW 160040 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 160040 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7036 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicants and learned A.G.A. for the State as well as perused the record. The instant application under Section 482 Cr.P.C has been filed for quashing the entire criminal proceeding of Criminal Case No.1091 of 2024 (State of U.P. Vs. Vinod & others) arising out of impugned charge sheet No.A-246/2023 dated 20.9.2023 filed by the investigating officer in Case Crime/F.I.R. No.0209 of 2023 under Sections 323, 308, 504 & 506 I.P.C. pertaining to Police Station Maharajganj, District Faizabad now Ayodhya and summoning order dated 21.10.2024 passed by the court of Additional Civil Judge (Senior Division-II)/Additional Chief Judicial Magistrate, Ayodhya by which the applicants have been summoned for facing of trial under the aforesaid sections. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the present case with false and frivolous allegations. The applicants have not committed alleged offence. On the other hand, learned AGA has submitted that prima facie, the offence is made out against the applicants. It is further submitted that these are disputed questions of fact, which can be adjudicated only after adducing the evidence. He further controverts the submissions of learned counsel for the applicants on the ground that this is not a stage where minute and meticulous exercise with regard to the appreciation of evidence may be done and truthfulness of the allegations could only be tested in a criminal trial and, therefore, the application is misconceived and liable to be dismissed. At this stage, learned counsel for the applicants submits that they do Versus Counsel for Applicant(s) : Amit Kumar Singh, Arunima Shukla Counsel for Opposite Party(s): G.A. Vinod @ Vinod Kumar Yadav And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
not want to press the application and seek liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2022) 10 SCC 51. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants.
On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicants appear before the trial court within two weeks from today and file bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra). The application is disposed off accordingly. August 27, 2025 Ram Murti A482 No. 7036 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench