PRAVESH KUMAR SINGH @ CHHOTU SINGH v. STATE OF U.P. THRU. THE SECY. DEPTT. OF HOME LKO. AND ANOTHER
NA528/1059/2025 · 2025-08-26
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160052 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160052 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1059 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Instant application under section 482 Cr.P.C./528 of the B.N.S.S., has been filed with the prayer to quash the impugned summoning
order dated 21.02.2025 passed by Chief Judicial Magistrate, Sitapur by means of which the learned court concern has taken cognizance and summoned to the petitioner and Charge Sheet No.306/2024 dated 25.12.2024 arising out from the Case No.479/2025, Case Crime No.338/2024, Under Section 406 I.P.C., Police Station Kotwali Dehat, District Sitapur in "State Versus Pravesh Singh" pending in the court of Chief Judicial Magistrate, Sitapur.
Learned counsel appearing for the applicant submits that the applicant is innocent and was never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, his name has been planted in the first information report and thereafter he has been chargesheeted. He next added that due to unavoidable circumstances, he could not appear before the court below. At this stage, learned counsel for the applicant submits that he does not want to press the application and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court's judgment in the case Versus Counsel for Applicant(s) : Vinod Kumar, Rajneesh Kumar Pandey Counsel for Opposite Party(s) : G.A. Pravesh Kumar Singh @ Chhotu Singh .....Applicant(s) State Of U.P. Thru. The Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s)
of Satender Kumar Antil versus 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 applicant appears before the trial court within two weeks from today and files bail application, the same shall be considered and decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra). The application is disposed of accordingly.
August 26, 2025 AKS NA528 No. 1059 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench