This court refused an application under Section 482 Cr.P.C. to quash criminal proceedings. However, it granted liberty to file a bail application to be decided expeditiously.
Prayer to quash dismissed; liberty to file bail application granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 13
Case :- APPLICATION U/S 482 No. - 655 of 2022
Applicant :- Azad Ansari Opposite Party :- State Of U.P. Thru Prin Secy Home Civil Sectt And Another Counsel for Applicant :- Mohammad Alam 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 Cr.P.C. application has been filed to quash the impugned criminal proceedings in case No.31686 of 2020, pending in the Court of Fifth ACJM, Lucknow, and impugned summoning order dated 7.8.2020 and charge-sheet dated 22.2.2020.
Learned counsel for applicant, 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 petitioner appears 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).
Order Date :- 18.2.2022 kkb/
Digitally signed by KRISHNA KUMAR BARANWAL Date: 2022.02.21 10:05:12 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether to quash criminal proceedings and summoning order in light of Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
Satender Kumar Antil v. CBIReferred¶7
Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021
Azad Ansari
State Of U.P. Thru Prin Secy Home Civil Sectt
Karunesh Singh Pawar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
