VISHWANATH AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/7510/2025 · 2025-09-09
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163088 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163088 (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. - 7510 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 entire proceeding on basis of cognizance/summoning order dated 27/02/2025 passed by court of CJM Court No. 16, Sultanpur, in Case No. 842/2025 on the basis of Charge sheet no. 253/2024 filed u/s 323/504/506 of IPC dated 22/10/2024, arising out of Crime No 285/2021, under sections 452/323/504/506 of I.P.C., and section 2/3 of Prevention of Damage to Public Property Act,1984, P.S.- Gauriganj, District-Amethi dated- 13/07/2021, styled as (State ...Vs..... Vishwanath etc.) Police Station-Gauriganj,District-Amethi. 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 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. Versus Counsel for Applicant(s) : Krishna Gopal Counsel for Opposite Party(s) : G.A. Vishwanath And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
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 9, 2025 AKS A482 No. 7510 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench