Application under Section 482 CrPC prayed for quashing of summons; counsel declined to press. Court dismissed petition but provided right to regular bail per Satender Kumar Antil judgment within ten days.
Bail to be decided separately if application filed within ten days.
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Court No. - 13 Case :- APPLICATION U/S 482 No. - 49 of 2022 Applicant :- Mohd Shadab And Ors Opposite Party :- State Of Up And Anr Counsel for Applicant :- Chetan Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for petitioner as well as learned Additional Government Advocate for State.
The present 482 petition has been filed for quashing the summoning order dated 22.03.2021 passed by learned Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No. 8, Raibareli as well as the entire proceedings of Complaint Case No. 1285/2021, under Sections 498A/323/504/506 I.P.C. and Section 3/4 of D.P. Act, Police Station Bhadokhar, District Raibareli.
After arguing for some time, learned counsel for the petitioners submits that he does not want to press the petition rather he prays that in case they appear and surrender before the learned trial court their bail application may be decided in view of law laid by Supreme Court passed in Special Leave to Appeal (Cri) No.5191 of 2021 "Satender Kumar Antil versus Central Bureau of Investigation and another".
Accordingly, the present petition is dismissed as not pressed. It is provided that in case a regular bail application is filed by the petitioners within ten days from the date of receipt of certified copy of this order, the same shall be decided in view of the law laid by by Supreme Court in the case of Satender Kumar Antil (supra).
Order Date :- 10.1.2022 R.C.
Mohd Shadab And Ors
State Of Up And Anr
Karunesh Singh Pawar
As recorded by the court registry
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