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2025 DAILYLAW 168135 (ALL)

OM PRAKASH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/8481/2025 · 2025-09-26

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8481 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard, learned counsel for the applicant, learned AGA for the State and perused the record. 2. This instant application has been filed with the primary prayer to quash the Charge Sheet No. 147/11 dated 30.08.2011 (arising from Case Crime No. 719/2011 under Sections 323, 308, 504, 506, 452 I.P.C., Police Station Bikapur, District Ayodhya) and the consequential Cognizance Order dated 18.12.2012. Consequently, the applicant seeks to set aside the entire proceedings in Criminal Case No. 83/2019 (Sarkar vs. Om Prakash Aadi), which is currently pending before the learned court of Additional Civil Judge (C.D.) III/ACJM, Faizabad/Ayodhya. Furthermore, the application includes an ancillary prayer to direct the subordinate court to dispose of any bail application filed by the applicant in light of the legal principles laid down by the Hon'ble Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and Others (2021 10 SCC 773). 3. Learned counsel appearing for the applicant submits that the applicant is innocent and were 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 chargesheeted. He next added that due to unavoidable circumstances, he could not appear before the court 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 AGA has no objection to the prayer made by learned counsel for the applicant. Versus Counsel for Applicant(s) : Sudhir Kumar Rai Counsel for Opposite Party(s) : G.A. Om Prakash .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home 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 files bail application, the same shall be 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 26, 2025 Haseen U. A482 No. 8481 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench