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2025 DAILYLAW 165046 (ALL)

DHARMENDRA PRATAP AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS

/1264/2025 · 2025-09-23

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1264 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Supplementary Affidavit filed today on behalf of the applicants is taken on record. Heard learned counsel for the applicants, learned AGA for the State and perused the record. Instant application under Section 482 Cr.P.C has been filed with the prayer to quash the charge sheet No-286/2024 dated 01-03-2025 alongwith cognizance order dated 23-05-2025 by Judicial Magistrate, Mohammadpur Kheri, in connection of first information report No- 317/2024, Case No- 607/2025, Under sections 131, 324(4), 352, 351(2) B.N.S. (State Versus Sarvendra Pratap and others). 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) : Mahesh Chandra Counsel for Opposite Party(s) : G.A. Dharmendra Pratap And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others .....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 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 23, 2025 AKS NA528 No. 1264 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench