The High Court refused the prayer to quash criminal proceedings under Section 482 Cr.P.C. instead granting liberty to file a bail application within fifteen days, relying on the Satender Kumar Antil case.
Prayer for quashing refused; liberty granted to file bail application within fifteen days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 13 Case :- APPLICATION U/S 482 No. - 984 of 2022 Applicant :- Sangeeta Devi And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home. Civil. Sectt. And Another Counsel for Applicant :- Rama Niwas Pathak 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 the criminal case initiated against the petitioners pursuance of impugned charge sheet dated 07.12.2019 arising out of case crime No. 500/2019, under Sections 323/504/506/452 I.P.C., P.S. Inayat Nagar, District Faizabad as well as cognizance/summoning order dated 02.01.2021 passed in case No. 04/2021 "State Vs. Rakesh Kumar Pandey and others".
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 :- 8.3.2022 R.C.
Digitally signed by RAM CHANDER YADAV Date: 2022.03.08 18:05:48 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether to allow the quashing of criminal proceedings initiated under Sections 323/504/506/452 IPC.
Whether to grant liberty to file a bail application in lieu of quashing proceedings.
Whether to dispose of the application under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
Satender Kumar Antil versus CBIReferred¶5
Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021
Sangeeta Devi and Others
State of U.P. Through Principal Secy Home Civil Sectt and Another
Karunesh Singh Pawar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
