Allahabad High Court
Kamaluddin And 12 Others vs State Of U.P. And Another on 17 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 86 Case :- APPLICATION U/S 482 No. - 21803 of 2022 Applicant :- Kamaluddin And 12 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amar Bahadur Maurya,Sushil Kumar Kushwaha 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.
The instant application under Section 482 Cr.P.C has been filed for quashing of the entire further proceeding of Criminal Case No.25547 of 2021, State Vs. Kamaluddin and others, arising out of Case Crime No.28 of 2021 under Sections 147, 323, 504, 506, 452 I.P.C. Police Station Mugalsari, District Chandauli, pending in the court of Chief Judicial Magistrate Chandauli and summoning order dated 23.10.2021. Further prayer is to stay the further proceedings of the aforementioned case during the pendency of the instant application.
Learned counsel for the applicants submits that the applicants is 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 disputed questions of fact can be adjudicated only after adducing the evidence. Learned AGA, however, controverts the submissions of learned counsel for the applicants 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 petition is misconceived and liable to be dismissed.
At this stage, learned counsel for the applicants submits that he does 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 order dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another.
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.
Order Date :- 17.8.2022 Ram Murti