The Hon'ble High Court dismissed a Section 482 application seeking quashing of orders, holding that the petitioner applies for its dismissal without liberty to file a bail application, referring to Satender Kumar Antil guidelines.
Application for quashing dismissed; liberty granted to file bail application within ten days.
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Court No. - 13
Case :- APPLICATION U/S 482 No. - 977 of 2022
Applicant :- Alok Gupta Opposite Party :- State Of U.P. Thru Prin Secy Home Civil Sectt Counsel for Applicant :- Arun Kumar Shukla,Anand Kumar Pandey,Brijendra Kumar 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. application has been filed to quash the impugned order dated 22.10.2021 passed by CJM, Lucknow in crime No. 515 of 2014, P.S. Hazaratganj, district Lucknow and order dated 12.1.2022, passed by Sessions Judge, Lucknow.
Learned counsel for applicant, 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 ten days from today and a bail application is filed, 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 :- 7.3.2022 kkb/
Digitally signed by KRISHNA KUMAR BARANWAL Date: 2022.03.08 10:12:17 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the application under Section 482 Cr.P.C. for quashing proceedings should be dismissed with liberty to file a bail application as per Supreme Court guidelines.
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and anotherReferred¶7
Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021
1 provisions across 1 enactments
Alok Gupta
State Of U.P.
Karunesh Singh Pawar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
