Disposed

Athar Ashraf and 2 Others v. State of U.P.and Another

Allahabad HC5 Sept 2022A482/19690/2022

Case brief

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What is this about?

Single judge of Allahabad High Court disposed of an application filed by applicants under Section 482 Cr.P.C. praying to quash criminal proceedings. The court directed that if applicants apply for bail within three weeks, it must be decided in view of Apex Court judgments in Satender Kumar Antil.

What did the court decide?

Direction to decide bail application in light of Satender Kumar Antil judgments if filed within three weeks.

Athar Ashraf and 2 Others Vs State of… — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 87

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Case :- APPLICATION U/S 482 No. - 19690 of 2022

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Applicant :- Athar Ashraf And 2 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Pradeep Kumar Pal,Adya Prasad Tewari Counsel for Opposite Party :- G.A.,Virendra Singh

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Hon'ble Sameer Jain,J.

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Heard Sri Pradeep Kumar Pal, learned counsel for the applicants, Sri Virendra Singh, learned counsel for the opposite party no. 2 and Dr. S.B. Maurya learned AGA-1 appearing on behalf of the State-respondent.

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By way of filing present application u/s 482 Cr.P.C. applicants prayed to quash the entire proceeding of criminal case No. 67075 of 2021, under Sections 498A, 323, 504 & 506 IPC and 3/4 D.P. Act, pending in the court of Additional Chief Metropolitan Magistrate, IInd, Kanpur Nagar.

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At the very outset, learned counsel for the applicants submitted that he does not want to press the prayer made in the present application. He further submitted that he only confines his prayer to pass direction to the lower court that when the applicants 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 cases of Satender Kumar Antil Vs. CBI & others reported in [2021 (10) SCC 773] and Satender Kumar Antil Vs. CBI & others reported in [MANU/SC/0851/2022] .

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Learned AGA and learned counsel for the opposite party no. 2 submitted that they have no objection if such direction is given as learned counsel for the applicants himself do 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 judgements passed in the cases of Satender Kumar Antil (supras) .

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In the aforesaid facts and circumstances of the case, it is directed that if the applicants appear before the court below within three weeks from today and apply for bail then their bail application shall be decided by the court below in view of law laid down by the Apex Court in the cases of Satender Kumar Antil(supras).

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With the aforesaid observation, the present application u/s 482 Cr.P.C. is disposed off .

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Order Date :- 5.9.2022

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Ankita

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Digitally signed by ANKITA SRIVASTAVA Date: 2022.09.07 10:02:18 IST Reason: Location: High Court of Judicature at Allahabad

Athar Ashraf and 2 Others v. State of U.P.and Another

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Athar Ashraf and 2 Others v. State of U.P.and Another

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