Court refused prayer to quash criminal proceedings under Section 482 Cr.P.C. allowing applicant liberty to file bail application with promise of expeditious consideration based on Satender Kumar Antil precedent.
Application for quashing proceedings refused; liberty to file bail granted.
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Court No. - 13 Case :- APPLICATION U/S 482 No. - 683 of 2022 Applicant :- Pramod Yadav And Others Opposite Party :- State Of U.P. Thru Secy Home Deptt 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 petitioners as well as learned Additional Government Advocate for State.
The present 482 Cr.P.C. petition has been filed to quash 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 Sections 323/504/506/452/427 I.P.C., P.S. Gudamba, District Lucknow.
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 fifteen days from today and apply 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 19:20:07 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether to quash criminal proceedings under Section 482 Cr.P.C. upon filing of bail application with liberty.
Colour shows how this judgement treated each authority
Satender Kumar Antil Versus Central Bureau of Investigation and AnotherReferred¶6
Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021
2 provisions across 2 enactments
Pramod Yadav And Others
State Of U.P. Thru Secy Home Deptt And Another
Karunesh Singh Pawar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
