The Court dismissed the application under Section 482 Cr.P.C. to quash proceedings, granting liberty to the applicants to file a bail application within three weeks, referencing the Supreme Court in Satender Kumar Antil.
Prayer for quashing refused; liberty granted to apply for bail within three weeks.
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Court No. - 86
Case :- APPLICATION U/S 482 No. - 14950 of 2022
Applicant :- Sanjay Bajaj And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Tiwari,Alka Upadhyay Counsel for Opposite Party :- G.A.,Sandeep Tripathi
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 with the prayer to quash the impugned summoning order dated 27.04.2022 and entire proceeding of Case No. 1836 of 2016 arising out of Case Crime No. 255/2016 under section 452 of I.P.C. is pending in the court of Civil Judge Senior Division, Shamli, District Shamli P.S. Adarsh Mandi.
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 namely, Sanjay Bajaj, Shammi Kapor, Gurjeet and Prem Bajaj appear before the trial court within three weeks from today and apply 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 :- 11.10.2022 Bhanu
Digitally signed by BHANU PRATAP KUSHWAHA Date: 2022.10.18 10:23:15 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant's petition to quash summoning proceedings may be dismissed with liberty to file a bail application?
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and anotherReferred¶7
Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021
Sanjay Bajaj
State of U.P.
Karunesh Singh Pawar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
