AMRIT LAL AND 6 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO. AND 2 OTHERS
A482/7832/2025 · 2025-09-18
Shree Prakash Singh
body2025
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[ 2025 DAILYLAW 162352 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 162352 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7832 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 set aside the impugned charge sheet No.1/2024 dated 13.8.2024, under sections 147, 323, 504, 506 & 427/34 of 1.P.C, Police Station Krishna Nagar, (South Commissionarate) Lucknow, District Lucknow (Annexure no.1) and cognizance order dated 18.11.2024 passed by A.C.J.M VII, Room no.31 Lucknow (Annexure no.2) and further be pleased to stay the entire proceeding of Case Crime no.255/2024, State vs. Amrit Lal and others pending in the court of Upper Chief Judicial Magistrate VII, Room no.31 Lucknow. 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 Versus Counsel for Applicant(s) : Lakshmana Singh Counsel for Opposite Party(s) : G.A. Amrit Lal And 6 Others .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And 2 Others .....Opposite Party(s)
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 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). Further, the applicants will have an opportunity at the appropriate stage to move an application for discharge taking therein all the pleas factual and legal which may be available to them, in accordance with law.
In case, such an application is moved before the learned trial court, the learned trial court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law. The application is disposed of accordingly. September 18, 2025 AKS A482 No. 7832 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench