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2025 DAILYLAW 164127 (ALL)

RAKESH AND 4 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO. AND ANOTHER

A482/7695/2025 · 2025-09-11

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7695 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicants, Shri Girijesh Dwivedi, learned AGA for the State and perused the record. Instant application under Section 482 Cr.P.C./528 of B.N.S.S.,2023, has been filed with the prayer to set-aside the impugned order dated 06.11.2019 & order dated 22.08.2025 (contained as Annexure No. 1) passed by learned Chief Judicial Magistrate, Gonda in Crl. Case No. 10499/2018 (State of U.P. Vs Rakesh & others) arising out of FIR No. 0531/2018, dated 17.12.2018, registered under sections 147, 149, 323, 504, 506,452 of I.P.C. at Police Station- Colonelganj, District- Gonda and to quash the impugned charge-sheet dated 21.01.2019 (contained as Annexure No.2) submitted by Investigation Officer under sections 147,149, 323, 504, 506, 452 of IPC in aforesaid FIR on which without thoroughly perusing the same and properly applying his judicial mind, the learned Court Below taking cognizance, passing impugned order dated 06-11-2019 summoned the innocent applicants to face trial under sections 147, 149, 323, 504, 506, 452 IPC. 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. Versus Counsel for Applicant(s) : Maya Ram Yadav Counsel for Opposite Party(s) : G.A. Rakesh And 4 Others .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And Another .....Opposite Party(s) 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. 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 11, 2025 AKS A482 No. 7695 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