Circuit Bench court dismissed applicant's petition quashing criminal proceedings under Section 482 Cr.P.C., granting liberty to file a bail application to be decided expeditiously pursuant to Satender Kumar Antil.
Prayer for quashing refused; liberty granted to apply for bail before trial court within 15 days.
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Court No. - 13 Case :- APPLICATION U/S 482 No. - 672 of 2022 Applicant :- Dilip Yadav Opposite Party :- State Of U.P. Thru Prin Secy Home And Another Counsel for Applicant :- Shailendra Singh,Surendra Singh Yadav
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. petition has been filed to quash the proceedings of the impugned charge sheet No. 01 dated 03.05.2020 and cognizance order and summoning order dated 21.12.2021 arising out of case crime No. 124/2020, under Section 323/504/506/452/427 I.P.C., P.S. Gudamba, District Lucknow.
Learned counsel for petitioner, 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 fifteen days from today and applies for bail, 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 :- 21.2.2022 R.C.
Digitally signed by RAM CHANDER YADAV Date: 2022.02.24 19:20:11 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the quashing of criminal proceedings under Section 482 Cr.P.C. may be dismissed with liberty to file a bail application governed by Satender Kumar Antil.
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
Dilip Yadav
State Of U.P.
Karunesh Singh Pawar
As recorded by the court registry
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