The single judge dismissed the application under Section 482 Cr.P.C. seeking quashment of the FIR and cognizance but granted liberty to move bail expeditiously within fifteen days if filed.
Prayer for quashment refused; liberty granted to file bail application within fifteen days for expedited disposal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 86
Case :- APPLICATION U/S 482 No. - 17113 of 2022
Applicant :- Mohammad Shariq And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Atul Srivastava,Mohd. Farooq Counsel for Opposite Party :- G.A.
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. application has been filed to quash the impugned charge sheet dated 13.9.2021 and the cognizance order dated 11.10.2021 passed by Civil Judge (J.D.)/J.M., Khaga, Fatehpur passed in CNR - UPT 120034302021 State vs. Mohammad Shariq and others arising out of case crime No.146 of 2021 under sections 420, 120-B I.P.C., P.S. Khaga, district Fatehpur.
Learned counsel for applicants, 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 appear 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 :- 13.9.2022 kkb.
Digitally signed by KRISHNA KUMAR BARANWAL Date: 2022.09.13 16:48:46 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the application under Section 482 Cr.P.C. for quashing charge sheet and cognizance can be dismissed with liberty to move bail.
Whether the petitioners should be granted liberty to file a bail application within fifteen days.
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021Referred¶7
Mohammad Shariq
Karunesh Singh Pawar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
