Allahabad High Court
Lokesh And Another vs State Of U.P. Through Its Principal ... on 15 July, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 82 Case :- APPLICATION U/S 482 No. - 8848 of 2022 Applicant :- Lokesh And Another Opposite Party :- State Of U.P. Through Its Principal Secretary (Home) And Another Counsel for Applicant :- Sudhanshu Kumar Mishra,Kamlesh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceeding of S.T. No. 37 of 2020 (State Vs. Lokesh and Another), pending in the court of Additional Sessions Judge, Sambhal at Chandausi, arising out of Case Crime No. 530 of 2019, under Sections 323, 504, 506 IPC and Section 3(1)Da and 3(1)Dha of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities)Act, 1989 as well as charge sheet dated 08.12.2019 submitted in relation to aforesaid case crime, police station - Nakhasa, District Sambhal and also to quash the summoning order dated 24.02.2020 passed by the Additional Sessions Judge, Sambhal at Chandausi in the aforesaid case, with a further prayer to stay the proceedings of the aforesaid Sessions Trial case.
At the very outset, counsel for the applicants states that the applicants will surrender before the court below and apply for bail.
Learned counsel for applicants has cited judgment Hon'ble Supreme Court in the case of Hitesh Verma Vs. State of Uttrakhand and Another. In the said judgment Hon'ble Supreme Court has said that the application U/S 482 Cr.P.C. can be invoked to meet ends of justice in the case of S.C./S.T. Act and charge sheet can be quashed. The said judgment is recent judgment decided on 5.11.2020 reported in (2020) 10 SCC 710. She has further invited attention of this Court in the judgment of Satish Kumar Sharma Vs. State of U.P. and Another decided on 17.7.2019 in Application U/S 482 Cr.P.C. No. 3560 of 2019 passed by co-ordinate Bench of this Court in which the Court has observed that the application U/S 482 Cr.P.C. can be maintained for quashing the charge sheet. She further invited the attention of this Court in the judgment passed by co-ordinate Bench of this Court at Lucknow vide order dated 18.3.2021 in Application U/S 482 Cr.P.C. No. 1380 of 2021 in which this Court has also taken note that of the judgment passed by the Supreme Court in Hitesh Verma Vs. State of Uttrakhand and Another (Supra) and the Court has held that the application U/s. 482 Cr.P.C. is maintainable.
It is therefore, directed that in case the applicants surrender before the court below within one month from today and prefer bail application, it will decide the said bail application, as expeditiously as possible, preferably within a period of one month, thereafter. It is further provided that while deciding the bail application of the applicants, the court below will take into account the law laid down by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in [(2021) 10 SCC 773] and decide it in accordance with law.
The application stands disposed of.
Order Date :- 15.7.2022 Arun K. Singh