Court dismissed the quashing petition under Section 482 Cr.P.C. as not pressed, granting liberty to file a bail application and seek its expeditious disposal per Satender Kumar Antil case.
Prayer for quashing refused; liberty to file bail within ten days; bail application to be decided expeditiously.
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Court No. - 13
Case :- APPLICATION U/S 482 No. - 1046 of 2022
Applicant :- Hayatullah @ Churki And Others Opposite Party :- State Of U.P. Thru Prin Secy Home Civil Sectt And Another Counsel for Applicant :- Anil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for petitioners as well as learned Additional Government Advocate for State.
The present 482 Cr.P.C. application has been filed to quash the impugned criminal proceedings in Crl. Case No.670 of 2019 State vs. Hayatullah alias Churki and others, summoning order dated 25.10.2019 and NBW order dated 4.1.2022 arising out of case crime No.219 of 2019, P.S. Kotwali Utraula, district Balrampur, pending in the court of CJM, Balrampur.
Learned counsel for applicants, after arguing for some time, submits that present petition may be dismissed as not pressed with liberty to file a bail application which may be decided in view of law laid down by Supreme Court in Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021, to which learned A.G.A. has no objection.
In view of the above, prayer for quashing the impugned proceeding is refused. So far as other prayer is concerned, it is provided that in case the petitioners appear before the trial court within ten days from today and a bail application is filed, the same be decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra).
The petition is disposed of accordingly.
Order Date :- 9.3.2022 kkb/
Digitally signed by KRISHNA KUMAR BARANWAL Date: 2022.03.10 15:37:23 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and anotherReferred¶7
Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021
Hayatullah @ Churki And Others
State Of U.P.
Hon'ble Karunesh Singh Pawar,J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
