This court quashed the prayer for quashing proceedings under Section 482 Cr.P.C. but granted liberty to file a bail application to be decided expeditiously, relying on the Supreme Court in Satender Kumar Antil.
Prayer for quashing refused; liberty granted to file bail application within two weeks to be decided expeditiously.
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Court No. - 13
Case :- APPLICATION U/S 482 No. - 32 of 2022
Applicant :- Virendra Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Shanker 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. petition has been filed to quash the further proceedings of Criminal case no.1968 of 2021 arising out of Crime No.0081 of 2021 under Section 323, 504, 506, 308 I.P.C., Police Station Sohramau, District Unnao, pending in the Court of Additional Chief Judicial Magistrate IInd Unnao.
Learned counsel for petitioners, 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 two weeks' 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 :- 10.3.2022 Madhu
Digitally signed by MADHU KUMARI Date: 2022.03.11 12:00:54 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the prayer to quash further proceedings in a criminal case may be dismissed without liberty to file a bail application.
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
Virendra Kumar
Another
State of U.P.
Karunesh Singh Pawar
M. Madhu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
