In an application under Section 482 CrPC prayers for quashing a summons order and criminal proceedings were rejected with liberty to file a bail application for expeditious disposal.
Liberty granted to file bail application within 15 days for expeditious disposal.
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Court No. - 86
Case :- APPLICATION U/S 482 No. - 11749 of 2022
Applicant :- Uma Shankar Ray Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for State.
Notice to respondent No.2 is dispensed with.
The present application has been filed to quash the impugned summoning order dated 11.3.2022 and entire criminal proceedings of complaint case No.4820 of 2022 Shiv Shankar Ray versus Uma Shanker under sections 467, 419, 420, 120-B I.P.C., P.S. Sarnath, district Varanasi, pending in the court of Addl. Civil Judge (JD)/FTC-I, Varanasi.
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 applicant appears before the trial court within fifteen 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 :- 15.9.2022 kkb.
Digitally signed by KRISHNA KUMAR BARANWAL Date: 2022.09.15 16:57:51 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the quashing of the impugned summoning order and entire criminal proceedings should be allowed under Section 482 CrPC.
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and anotherFollowed¶8
Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri) No.5191 of 2021
Uma Shankar Ray
State Of U.P.
Karunesh Singh Pawar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
