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2025 DAILYLAW 164301 (ALL)

BABU @ KASHI PRASAD SHUKLA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/7752/2025 · 2025-09-16

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7752 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following relief:- "For the facts, reasons and circumstances as stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the chargesheet no. 297/2023 dated 05.12.2023 (contained as Annexure no. 1) along with entire criminal proceedings and impugned Cognizance & Summon order dated 04.06.2025 (contained as Annexure no. 2) by which Cognizance has been taken and Summons have been issued against the applicants in Case No. 101/2025 (State vs Babu alias Kashi Prasad Shukla & others) arising out Case Crime no. 335 of 2023 under Section 323. 504, 506, 308 IPC, Police Station- Subeha, District- Barabanki pending before Learned Court of Judicial Magistrate, Court No. 24, Haidergrah, Barabanki, in the interest of justice." 3. Learned counsel for the applicants submits that the applicants are innocent and they have falsely been implicated in the present case with false and frivolous allegations. He further added that the applicants were not involved in committing the alleged offence as has been mentioned in the first information report. Versus Counsel for Applicant(s) : Ram Saran Awasthi Counsel for Opposite Party(s) : G.A. Babu @ Kashi Prasad Shukla And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 4. 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. 5. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants. 6. 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). 7. The application is disposed off accordingly. September 16, 2025 Mohd. Sharif A482 No. 7752 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench