The High Court dismissed the applicant's prayer to quash the charge-sheet and cognizance order, granting liberty to file a bail application expeditiously within one month under Satender Kumar Antil.
Prayer for quashing refused; liberty granted to file bail application within one month; no coercive action for one month.
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Court No. - 28 Case :- APPLICATION U/S 482 No. - 767 of 2022 Applicant :- Sandeep Kumar Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Uma Shankar Verma,Praveen Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and also perused the material available on record.
The present 482 Cr.P.C. petition has been filed to quash the Charge-Sheet No.89 of 2015 dated 01.07.2015 as well as cognizance order dated 16.11.2015 under Sections 363, 366, 376 IPC & Section 3/4 of POCSO Act, Police Station Jaysinghpur, District Sultanpur in Spl Session Trial No.141 of 2015 (State vs. Sandeep Verma) pending before Special Judge POCSO Act, District Sultanpur.
After arguing for some time, learned counsel for the applicant submits that the instant application 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" .
Learned A.G.A. has no objection to this innocuous prayer of learned counsel for the applicant.
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 applicant- Sandeep Kumar Verma appears before the Trial Court within one month from today and apply for bail, the same shall be decided expeditiously, in view of the law laid down by the Supreme Court in Satender Kumar Antil's case (supra) .
For the period of one month from today or till the time of appearance of the applicant before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicant in the above case.
With the aforesaid observations/directions, the application is disposed of .
Order Date :- 3.6.2022/Ravi Kant
Digitally signed by RAVI KANT Date: 2022.06.03 13:55:59 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the application for quashing proceedings can be dismissed with liberty to file a bail application governed by Satender Kumar Antil.
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and anotherExplained¶5
Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021
Sandeep Kumar Verma
State Of U.P.
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
