Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 163407 (ALL)

SANJAY KUMAR SINGH AND ANOTHER v. STATE OF U.P. THRU. ADDL. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/7547/2025 · 2025-09-09

Shree Prakash Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7547 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Vakalatnama filed by Sri Ashwani Kumar Singh, Advocate, on behalf of opposite party no. 2 is taken on record. Heard learned counsel for the applicants, Sri Ashwani Kumar Singh, learned counsel for opposite party no. 2 and learned AGA for the State as well as perused the record. The instant application under Section 482 Cr.P.C has been filed with the prayer to quash the chargesheet no. 85, dated 30.08.2000 filed in Case Crime No. 557 of 1998, under Sections 323, 504, 506 IPC (State Vs. Sanjay Singh and others), Police Station Lambhua, District Sultanpur and summoning order dated 27.08.2002 passed by learned CJM, Sultanpur as well as entire proceedings in pursuance thereof. 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 Versus Counsel for Applicant(s) : Dinesh Kumar Ojha Counsel for Opposite Party(s) : G.A., Ashwani Kumar Singh Sanjay Kumar Singh And Another .....Applicant(s) State Of U.P. Thru. Addl. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) 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 counsel appearing for opposite party no. 2 as well as learned AGA for the State 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 9, 2025 kkv/ A482 No. 7547 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench