This court refused the prayer to quash the charge sheet but granted liberty for the applicant to file a bail application, which would be decided expeditiously as per Satender Kumar Antil's case.
Prayer for quashing refused; liberty granted to apply for bail within fifteen days for expeditious decision.
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Court No. - 86 Case :- APPLICATION U/S 482 No. - 11600 of 2022 Applicant :- Inam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for petitioner as well as learned Additional Government Advocate for State.
The present 482 Cr.P.C. petition has been filed to quash the charge sheet No. 52/2021 dated 02.02.2021 relating to case crime No. 764/2020, under Sections 406/420/504/506 I.P.C., P.S. Hapur Nagar, District Hapur along with cognizance order dated 09.04.2021 passed in criminal case No. 1862/2021 "State Vs. Inam" 406/420/504/506 I.P.C.
Learned counsel for petitioner, 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 fifteen days from today and applies for bail, the same shall 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 :- 15.9.2022 RC
Digitally signed by RAM CHANDER YADAV Date: 2022.09.16 12:13:39 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether to quash the charge sheet or cognizance order under Section 482 Cr.P.C.
Whether to grant liberty to file a bail application.
Colour shows how this judgement treated each authority
Satender Kumar Antil versus CBI & anotherReferred¶5
Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021
Inam
Karunesh Singh Pawar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
