The Court rejected an anticipatory bail application under Section 438 Cr.P.C. held not maintainable. It relied on a prior judgment that such applications filed after a 482 petition was dismissed for want of prosecution are unsustainable.
Anticipatory bail application stand rejected/not maintainable.
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Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7495 of 2021
Applicant :- Dharmpal @ Dharmpal Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Krishna Kant Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Shri Krishna Kant Shukla, learned counsel for the applicant and learned A.G.A. Perused the record.
By means of the present application the applicant is seeking anticipatory bail during trial in S.T. No.153 of 2013 (State vs Dharmpal), Case Crime No.14 of 2013, u/s 138 of Electricity Act, P.S.-Sasani, District Hathras, pending in the court of learned Additional Chief Judicial Magistrate-III, Hathras.
The applicant is challenging the proceedings arising out of Case Crime No.14 of 2013 which is pending in the Court of learned Additional Chief Judicial Magistrate-III, Hathras. The FIR in the present case was lodged in the year 2013 under Section 138B of the Electricity Act and the charge sheet was submitted on 27.01.2013 by the police. By means of the Application u/s 482 No.28987 of 2014 the applicant has challenged the aforesaid charge sheet wherein the Co-ordinate Bench of this Court has stayed the further proceedings pursuant to the charge sheet. Lately on 14.2.2020 aforesaid 482 application was dismissed for want of prosecution and interim order was got vacated. Now again the applicant has approached this Court by means of the present anticipatory bail application. The matter is pending since 2013 and taking the advantage of the different proceedings the matter has been stalled.
In the light of the judgement of this Court pronounced in the case of Shivam vs State of U.P., 2021 SCC OnLine All 264, the instant anticipatory bail application is not maintainable and accordingly stands REJECTED.
Order Date :- 19.8.2021 M. Kumar
2 issues framed by the court
Whether the present anticipatory bail application under Section 438 Cr.P.C. is maintainable given the previous dismissal of the 482 application for want of prosecution.
Whether the applicant can approach the court again after the interim order on the earlier 482 application was vacated.
Colour shows how this judgement treated each authority
_Shivam vs State of U.P., 2021 SCC OnLine All 264,_Referred¶8
1 provisions across 1 enactments
Dharmpal @ Dharmpal Singh
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
