Disposed

Surendra Chauhan v. State of U.P.and Another

Allahabad HC23 May 2022A482/12008/2022

Case brief

AI extract

What is this about?

The applicant withdrew the quashing prayer. The court directed that the applicant's bail application be decided in light of the apex court judgment in Sateyndra Kumar Antil if filed within two weeks. The application in Misc. No. 12008 of 2022 was disposed of.

What did the court decide?

No prayer pressed; order directs lower court to decide bail application within two weeks in view of Sateyndra Kumar Antil.

Surendra Chauhan Vs State of U.P.and… — Constitutional and Fundamental Rights | Allahabad HC (2022)

¶1

Court No. - 91

¶2

Case :- APPLICATION U/S 482 No. - 12008 of 2022

¶3

Applicant :- Surendra Chauhan Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Satya Prakash Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Sameer Jain,J.

¶5

Heard Sri Satya Prakash Singh, learned counsel for the applicant and Sri Varun Agnihotri learned Brief Holder to the State-respondent.

¶6

By way of filing present application u/s 482 Cr.P.C. applicant prays to quash the charge sheet dated 14.5.2021 arising out of case crime No. 51 of 2021 under Sections 323, 504, 354 and 380 IPC, P.S. Meh Nagar, District Azamgarh and the summoning order dated 21.10.2022 as well as the entire proceeding of the case No. 103 of 2022 pending in the court of learned Judicial Magistrate (FTC) Women, Azamgarh.

¶7

At the very outset learned counsel for the applicant submitted that he does not want to press the prayer made in the application. He further submitted that he only confines his prayer to pass direction to the lower court that when the applicant will appear and apply for bail then their bail application shall be decided in view of the observation made by the Apex Court in the case of Sateyndra Kumar Antil Vs. CBI & others reported in [2021 (10) SCC 773].

¶8

Learned AGA submitted that he has no objection if such direction is given as he himself does not want to press the prayer made in the present application u/s 482 Cr.P.C. and only confine to his prayer that a suitable direction may be given to the court below in view of the Apex Court judgement passed in the case of Sateyndra Kumar Antil (supra).

¶9

In the aforesaid facts and circumstances of the case, it is directed that if the applicant appear before the court below within two weeks from today and apply for bail then his bail application shall be decided by the court below in view of law laid down by the Apex Court in the case of Sateyndra Kumar Antil(supra).

¶10

With the aforesaid observation, the present application

¶11

u/s 482 Cr.P.C. is disposed off .

¶12

Order Date :- 23.5.2022 Ankita

¶13

Digitally signed by ANKITA SRIVASTAVA Date: 2022.05.28 14:07:07 IST Reason: Location: High Court of Judicature at Allahabad

Surendra Chauhan v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

Surendra Chauhan v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mahendra Verma and 2 Others Vs State of U.P.and Another

Saurabh Tiwari and 2 Others Vs State of U.P.and Another

Saurabh Vs State of U.P. and Another

Sri Kant Yadav Vs State of U.P. and Another

Sheena Jindal Vs State of U.P.and 3 Others

Navi Hasan Vs State of U.P.and Another