Neutral Citation No. - 2024:AHC-LKO:44483
Court No. - 12
Case :- APPLICATION U/S 482 No. - 5817 of 2024
Applicant :- Mohd. Shafeeq @ Sonu And Others
Opposite Party :- State Of U.P. Thru. The Addl. Chief Secy.
Deptt. Of Home Lko. And Another
Counsel for Applicant :- Prateek Shrivastava
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for
the State as well as perused the record.
Instant application under Section 482 Cr.P.C has been filed with
prayer to quash the Chargesheet bearing no.-A137/2023, dated
10.10.2023 as well as summoning order dated 18.11.2023
passed by Chief Judicial Magistrate, Shrawasti in Criminal
Case No.8324 of 2023 "State Versus Mohd. Shafeeq' @ Sonu
and others" and to quash the entire proceeding of the Criminal
Case No. 8324 of 2023 "State Versus Mohd. Shafeeq @ Sonu
and others" arising out of Case Crime No. 151/2023, pending
before Chief Judicial Magistrate, District-Shrawasti, in the
interest of justice. It is also prayed that this Hon'ble Court may
graciously be pleased to stay further proceeding of the Criminal
Case No. 8324 of 2023 "State Versus Mohd. Shafeeq @ Sonu
and others" arising out of Case Crime No. 151/2023, pending
before Chief Judicial Magistrate, District-Shrawasti, in the
interest of justice.
Learned counsel for the applicants submits that the applicants
are innocent and they have falsely been implicated in the
present case with false and frivolous allegations. He further
added that the applicants were not involved in committing the
alleged offence as has been mentioned in the first information
report.
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 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).
Further, the applicants 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
them, 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.
The application is disposed off accordingly.
Order Date :- 28.6.2024
Anurag
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