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2025 DAILYLAW 168390 (ALL)

ARVIND KUMAR AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NA528/1438/2025 · 2025-09-26

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1438 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. 2. The instant application under Section 482 Cr.P.C. has been filed to quash the Charge Sheet No. 01/2025, dated 03.07.2025, and the consequential Summoning Order Dated 19.08.2025, passed by the Learned Judicial Magistrate, Safipur, District Unnao, in Criminal Case No. 896/2025 (State Vs. Shashank Shekhar Shukla & others). This action arises out of Case Crime No. 0033/2025, lodged under Sections 191(2), 221, 132, 351(2), 352 B.N.S. (Bharatiya Nyaya Sanhita) and Section 7 of the Criminal Law Amendment Act, P.S. Fatehpur Chaurasi, District Unnao, and the petitioners seek to quash the entire proceedings related to them pending before the said court in the interest of justice. It is further prayed that the further proceedings in the above noted Criminal Case No. 896/2025, 'State Vs Shashank Shekhar Shukla & others', pending before the Learned Judicial Magistrate, Safipur, District - Unnao, may kindly be stayed, during pendency of this petition, so far it relates to the present petitioners.. 3. Learned counsel for the applicant submits that the applicant is innocent and they have been falsely implicated in the present case with false and frivolous allegations. The applicant has not committed alleged offence. 3. On the other hand, learned AGA has submitted that prima facie, the offence is made out against the applicant. It is further submitted that these are disputed questions of fact, which can be adjudicated only after adducing the evidence. He further controverts the submissions of learned counsel for the applicant on the ground that this is not a stage where minute and meticulous exercise with regard to the appreciation of evidence may be done and truthfulness of the allegations could only be tested in a criminal trial and, therefore, the application is misconceived and liable to be Versus Counsel for Applicant(s) : Anil Kumar Pandey, Smt.Arpita Srivastava Counsel for Opposite Party(s) : G.A. Arvind Kumar And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) dismissed. 4. At this stage, learned counsel for the applicant submits that they do not want to press the application and seek liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. 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. 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 decided expeditiously in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra). 7. The appeal is disposed off accordingly. September 26, 2025 Haseen U. NA528 No. 1438 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench