An application under Section 482 Cr.P.C. to quash criminal proceedings was dismissed with liberty to file a bail application to be decided expeditiously.
Quashing of proceedings refused; liberty granted to apply for bail expeditiously within fifteen days.
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Court No. - 13 Case :- APPLICATION U/S 482 No. - 907 of 2022 Applicant :- Jagatpal And Others Opposite Party :- State Of U.P. Thru Prin Secy Home Civil Sectt And Another Counsel for Applicant :- Adarsh Srivastava,Deo Raj Singh 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 the entire proceeding of criminal sessions trial No. 136/2020 in pursuance of charge sheet No. 19/2019, dated 22.01.2019 arising out of case crime No. 296/2018, under Sections 323/504 I.P.C. and Section 3(1)(Da), 3(1)Dha) of S.C./S.T. Act, Police Station Hyderabad, District Lakhimpur Kheri.
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 " Aman Preet Singh Vs. C.B.I. through Director" , reported in "2021 SCC Online SC 941" 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 Aman Preet Singh's case (supra).
The petition is disposed of accordingly.
Order Date :- 4.3.2022 R.C.
Digitally signed by RAM CHANDER YADAV Date: 2022.03.05 18:02:37 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
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Aman Preet Singh Vs. C.B.I. through DirectorReferred¶5
Aman Preet Singh Vs. C.B.I. through Director, 2021 SCC Online SC 941 · Who else cites this
Jagatpal And Others
Karunesh Singh Pawar
As recorded by the court registry
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