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2025 DAILYLAW 202492 (ALL)

AMAN PRATAP SINGH AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/9019/2025 · 2025-10-28

Pramod Kumar Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9019 of 2025 Court No. - 28 HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Heard, learned counsel for the applicants and learned A.G.A. for the State as well as perused the record. The instant application has been filed with the following prayer:- "I. That the impugned charge sheet no. 1/2024 dated 24.08.2024 relating to Case Crime No. 66/2024 under Sections 363, 498-A I.P.C. and Section 3 D.P. Act lodged at Police Station Kakori, District Lucknow, contained in Annexure No. 1 to this petition, may kindly be quashed, in the interest of justice. II. That the impugned summoning order dated 04/07/2025 relating to Case Crime No. 66/2024 under Sections 363, 498-A I.P.C. and Sections 3/4 D.P. Act lodged at Police Station Kakori, District Lucknow, contained in Annexure No. 2 to this petition, may kindly be quashed, in the interest of justice. III. That the proceeding initiated from impugned charge sheet no. 1/2024 dated 24.08.2024 relating to Case Crime No. 66/2024 under Sections 363, 498-A I.P.C. and Section 3 D.P. Act lodged at Police Station Kakori, District Lucknow, may kindly be quashed, in the interest of justice. IV. Any other order or direction may also be passed as this Hon'ble Court deems fit in the interest of justice. V. The cost of the petition may also be allowed." Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the present case with false and frivolous allegations. The applicants have not committed alleged offence. On the other hand, learned AGA has submitted that prima facie, the offence is made out against the applicants. 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 applicants on the ground that Versus Counsel for Applicant(s) : Shailesh Sachan, Gaurav Singh, Sachin Kumar Counsel for Opposite Party(s) : G.A. Aman Pratap Singh And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 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 dismissed. At this stage, learned counsel for the applicants 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. 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 versus Central Bureau of Investigation and another (supra). The application is disposed off accordingly. October 28, 2025 Haseen U. A482 No. 9019 of 2025 2 (Pramod Kumar Srivastava,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench