DHARMENDRA KUMAR @ DHARMENDRA KUMAR PATEL v. STATE OF U.P. THRU. SECY. DEPTT. HOME SECTT. LKO. AND ANOTHER
A482/7837/2025 · 2025-09-18
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164360 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164360 (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. - 7837 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 2. Instant application under section 482 Cr.P.C./528 of the B.N.S.S. has been filed with the prayer to quash the charge-sheet no.1/2023 dated 26.08.2023, to quash the entire proceeding of Criminal Case No.35851/2024, arising out of Case Crime No.0177/2023, under Sections 354A, 406, 420 and 506 IPC lodged at Police Station Gomti Nagar Extension, District Lucknow, pending in the court of learned Chief Judicial Magistrate, Lucknow and to quash the summoning order dated 06.04.2024 passed in the aforesaid criminal case. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and was never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, his name has been planted in the first information report and thereafter he has been charge-sheeted. He next added that due to unavoidable circumstances, he could not appear before the trial below. 4. At this stage, learned counsel for the applicant 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 applicant. Versus Counsel for Applicant(s) : Vinay Kumar Verma, Vinay Kumar Yadav Counsel for Opposite Party(s) : G.A. Dharmendra Kumar @ Dharmendra Kumar Patel .....Applicant(s) State Of U.P. Thru. Secy. Deptt. Home Sectt. Lko. And Another .....Opposite Party(s)
6. On due consideration to the submissions of learned counsel for the parties, it is provided that in case the applicant appears before the trial court within two weeks from today and file bail application, the same shall be considered and decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra). 7. Further, the applicant 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 him, 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. 8. The application is disposed of accordingly. September 18, 2025 MVS/- A482 No. 7837 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench