This court disposed of an application seeking quashing of a charge sheet and summoning order. The judges directed that the case be remanded to be disposed of after bail is moved within 20 days, relying on specified precedents.
Directing lower court to dispose of bail application if applicants appear within 20 days.
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Court No. - 34
Case :- APPLICATION U/S 482 No. - 15923 of 2022
Applicant :- Nageshwar And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashi Kant Rai Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Learned counsel for the applicants appeared and prayed for quashing of the charge sheet dated 21.09.2020 cognizance order as well as summoning order dated 07.04.2022 in Criminal Case No. 3550 of 2022 (State Vs. Ram Pyare and others) arising out of Case Crime No. 186 of 2020 under Sections 147, 148, 149, 323, 336, 427, 506 I.P.C. Police Station Gauri Bazar, District Deoria.
In the Court, learned counsel for the applicants only submitted that if a direction is issued to the trial court regarding bail, the order in that regard will meet the ends of justice.
The application is, therefore, disposed of with the direction that if the applicants appear before the court below within 20 days and move an application for bail, it shall be disposed of in view of law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 and Brahm Singh and others Vs. State of U.P. and others, 2016 (95) ACC 950.
Order Date :- 28.6.2022 gp
Digitally signed by GANESH PRAKASH Date: 2022.06.29 09:11:23 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail application should be disposed of if applicants appear within 20 days.
Whether quashing the charge sheet or contempt order would meet the ends of justice in this case.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherExplained¶7
Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 · Who else cites this
Brahm Singh and others Vs. State of U.P. and othersExplained¶7
Brahm Singh and others Vs. State of U.P. and others, 2016 (95) ACC 950
Nageshwar And 6 Others
Sadhna Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
