Disposed

Jagannath and Others v. State of U.P. Thru. Prin. Secy. Home. Lko and Another

Allahabad HC4 Aug 2022/5797/2021

Case brief

AI extract

What is this about?

This single judge order disposed of an application under Section 482 Cr.P.C. seeking setting aside of summoning orders, quashing of a chargesheet, and regular bail. The court directed the petitioners to surrender and gave liberty to apply for bail, instructing the trial court to consider the Supreme Court judgment in Satender Kumar Antil.

What did the court decide?

Liberty to surrender within 10 days and apply for regular bail; Trial Court to consider bail application including Satender Kumar Antil order.

Jagannath and Others Vs State of U.P. Thru. Prin. Secy… — Quashing and FIR | Allahabad HC (2022)

¶1

Court No. - 10

¶2

Case :- APPLICATION U/S 482 No. - 5797 of 2021

¶3

Applicant :- Jagannath And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home. Lko And Another Counsel for Applicant :- Ravi Shanker Tewari,Keshav Ram Chaurasia,Sheo Pal Singh

¶4

Counsel for Opposite Party :- G.A.,Aditya Prakash Sharma

¶5

Hon'ble Dinesh Kumar Singh,J.

¶6

Present petition under Section 482 Cr.P.C. has been filed seeking setting aside the impugned summoning order dated 20-04-2019 passed by the learned Court of A.C.J.M.-VI, C.R. No. 30, Lucknow in Criminal Case No. 20829 of 2019, arising out of Case Crime No. 417/2018, under section 3(2) of the Prevention of Damage to Public Property Act,1984, Police Station-Kakori, district-Lucknow as well as the order dated 26-09-2019 whereby bailable warrants have been issued against the petitioners. It has further been prayed to quash the Chargesheet dated 23-07-2018 filed in F.I.R. No. 0417/2018, U/s 3(2) of the Damage to Public Property Act, 1984, Police Station-Kakori, districtLucknow.

¶7

Learned counsel for the petitioners submits that the petitioners want to surrender and apply for regular bail. Only prayer is that while considering the bail application of the petitioners, trial Court should take into consideration order dated 07.10.2021 read with judgment dated 11.07.2022 of the Supreme Court rendered in the case of Satender Kumar Antil vs Central Bureau of Investigation & Ors: SLP(Crl) No.5191 of 2021 .

¶8

Considering the aforesaid submission, present petition is disposed of with liberty to the petitioners to surrender before the trial Court within a period of 10 days and apply for regular bail. Trial Court is directed to consider the bail application of the petitioners in accordance with law and also take into account the order of the Supreme Court in the case of Satender Kumar Antil (supra).

¶9

The question as to whether any particular offence is made out against the petitioners or not in the facts and circumstances of the case and evidence on record, would be considered by the learned Magistrate at the time of framing of charge after considering the submissions on behalf of the prosecution and the accused.

¶10

Order Date :- 4.8.2022 AKS

¶11

Digitally signed by ANUJ KRISHNA SRIVASTAVA Date: 2022.08.05 08:05:07 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Jagannath and Others v. State of U.P. Thru. Prin. Secy. Home. Lko and Another

Case brief

What is this about?

What did the court decide?

Jagannath and Others v. State of U.P. Thru. Prin. Secy. Home. Lko and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Gunjeet Kaur and Anr. Vs State of U.P. and Anr.

Ghanshyam Vs State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Nooruddin Vs State of U.P. and Another

Ravi Shankar Ojha Vs State of U.P. Thru Addi. Chief Secty, Department of Home, Up Sectt, Lko and Another

Ankit Kumar Pandey Vs State of U.P.

Abhishek Kumar Rastogi Alias Rinku Vs Smt.Shraddha Rastogi Alias Roji and Anr.