LALLAN PRASAD AND 9 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER
/7750/2025 · 2025-09-12
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163710 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163710 (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. - 7750 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 impugned Charge Sheet No. 01/2021 dated 5.5.2021 filed in Criminal Case No. 340 of 2021, arising out of Crime No. 101 of 2021 (State. Vs.. Lallan Prasad & Others) under Sections 352/504/506/147/427 of I.P.C., Police Station-Kurebhar, District Sultanpur against the petitioners as well as the Summoning Order dated 23.6.2021 passed by the learned Court of Additional Chief Judicial Magistrate, Room No.20, 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 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. Versus Counsel for Applicant(s) : Amjad Siddiqui, Om Prakash Nag Counsel for Opposite Party(s) : G.A. Lallan Prasad And 9 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And Another .....Opposite Party(s)
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. It is clarified that the applicant no. 6 is given liberty to move discharge application through his counsel. The application is disposed of accordingly. September 12, 2025 AKS A482 No. 7750 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench