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2025 DAILYLAW 162344 (ALL)

HARKHALI AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER

A482/7506/2025 · 2025-09-15

Shree Prakash Singh

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7506 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. Instant application under Section 482 Cr.P.C./528 of the B.N.S.S.,2023 has been filed with the prayer to quash the charge sheet No. 01 of 2022 dated 30.12.2022 submitted in Case Crime No. 345 of 2022 under sections 323, 504, 506, 452,324 of I.P.C. as well as cognizance order dated 31.7.2023 passed by the Additional Chief Judicial Magistrate-19, Sultanpur alongwith entire criminal proceeding of Criminal Case No. 2918 of 2023 "State Versus Harkhali & others" under sections 323, 504, 506, 452, 324 of IPC, Police Station- Dostpur, District-Sultanpur, pending before the F.T.C. (Sr.Div.), Sultanpur. Learned counsel appearing for the applicants submits that the applicants are innocent and were never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, their names have been planted in the first information report and thereafter they have been chargesheeted. He next added that due to unavoidable circumstances, they could not appear before the court below. At this stage, learned counsel for the applicants submits that he does not want to press the application and seeks liberty to file bail Versus Counsel for Applicant(s) : Dharmendra Kumar Counsel for Opposite Party(s) : G.A. Harkhali And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another .....Opposite Party(s) 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 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 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 (supra). The application is disposed of accordingly. September 15, 2025 AKS A482 No. 7506 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench