Disposed

Anil Kumar v. State of U.P. and Another

Allahabad HC14 Sept 2022A482/10828/2022

Case brief

AI extract

What is this about?

In an application under section 482 Cr.P.C. to quash a summoning order, no decision on the merits was made. The court instead directed the lower court to decide the applicant's bail application expeditiously within three weeks without unnecessary adjournments.

What did the court decide?

Direction to the court below to decide the bail application expeditiously within three weeks.

Anil Kumar Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 10828 of 2022

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Applicant :- Anil Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Singh,Chandra Prakash Singh Counsel for Opposite Party :- G.A.,Om Prakash Pandey,Rahul Gaur,Rajesh Kumar Dubey

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Hon'ble Sameer Jain,J.

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Heard Sri Chandra Prakash Singh, learned counsel for the applicant; Sri Rahul Gaur, learned counsel for the opposite party No. 2 and Dr. S.B. Maurya, learned AGA-I for the State.

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By way of filing present Application u/s 482 Cr.P.C. applicant prayed to quash the summoning order dated 31.3.2022 passed by Additional District and Session Judge/Special Judge POCSO Act in Session Trial No. 208/2020 arising out of case crime no. 55 of 2020, under section 376D IPC and 5/6 POCSO Act.

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Learned counsel for the applicant submitted that the applicant has been summoned in the present matter under section 319 Cr.P.C. and he does not want to press the present application on merit and he confined his prayer only to the extent that a direction may be given to the court below to decide the bail application of the applicant, expeditiously, in accordance with law.

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Learned AGA and learned counsel for the opposite party no. 2 submitted that if any suitable direction is given to the court below then he is having no objection.

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I have heard learned counsel for both the parties and perused the record of the case.

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In view of the above, it is directed that if applicant shall appear before the court below within three weeks from today and applies for bail then his bail application shall be decided by the court below, expeditiously, in accordance with law, without granting any unnecessary adjournment to either of the parties, if there is no legal impediment.

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With the aforesaid direction, the application u/s 482 Cr.P.C. is disposed off .

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Order Date :- 14.9.2022 Ankita

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Digitally signed by ANKITA SRIVASTAVA Date: 2022.09.19 09:23:03 IST Reason: Location: High Court of Judicature at Allahabad

Anil Kumar v. State of U.P. and Another

Case brief

What is this about?

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Anil Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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