Allahabad High Court
Arvind Kumar Singh vs State Of U.P. Thru. Prin. Secy. Home ... on 9 October, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:65103 Court No. - 27 Case :- APPLICATION U/S 482 No. - 9773 of 2023 Applicant :- Arvind Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Matri Datt Tripathi,Shresth Agarwal Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.
Heard learned counsel for the applicant 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 the entire proceeding of the impugned summoning order dated 01.08.2023 passed by learned Additional Chief Judicial Magistrate -Ist, Lucknow in Case Crime No.295 of 2022, under section 2/3 Prevention of Damages Public Property Act, Police Station Nigoha, District Lucknow in case of State Vs. Arvind Kumar Singh, and the impugned charge-sheet bearing No.01, dated 09.05.2023 arising out of Case Crime No. 295/2022 under section 2/3 Prevention of Damages Public Property Act, Police Station Nigoha, District Lucknow submitted by the Investigating Officer without conducting the fair and proper investigation of this case against the applicant.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case with false and frivolous allegations. The applicant has not committed alleged offence.
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 dismissed.
At this stage, learned counsel for the applicant 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 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 applicant.
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 files 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 :- 9.10.2023 dk/