The court refused the prayer to quash criminal proceedings under Section 138 of the Indian Electricity Act. Instead, the applicant was granted liberty to apply for bail, to be decided expeditiously under the law laid down in Satender Kumar Antil's case.
Refusal to quash proceedings; liberty to apply for bail within fifteen days.
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Court No. - 13 Case :- APPLICATION U/S 482 No. - 687 of 2022 Applicant :- Ashok Kumar Yadav Opposite Party :- State Of U.P. Thru. Secy. Home. Lko And Others
Counsel for Applicant :- Kuldeep Bajpai,Sunjive Pratap Singh 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 case crime No. 0640/2018, under Section 138(1) (b) of Indian Electricity (Amendment) Act, 2003, Police Station Indira Nagar, District Lucknow as well as Criminal Case No. 2044/2021.
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 19:20:30 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether to quash criminal proceedings under Section 138(1)(b) of Indian Electricity (Amendment) Act, 2003.
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and anotherApplied¶6
Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021
Ashok Kumar Yadav
State Of U.P.
Karunesh Singh Pawar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
