Court refused the prayer to quash cognizance and charge sheet as not pressed. Applicant granted liberty to apply for bail, to be decided expeditiously within four weeks in view of Satender Kumar Antil case law.
Prayer for quashing refused; liberty to apply for bail within four weeks to be decided expeditiously.
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Court No. - 86
Case :- APPLICATION U/S 482 No. - 21051 of 2022
Applicant :- Vikash Yadav Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dharmendra Kumar Singh 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. petition has been filed to quash the cognizance order dated 24.06.2022 passed by learned Additional Chief Judicial Magistrate Court No. 11, Azamgarh as well as charge sheet dated 18.06.2022 arising out of Case Crime No 164 of 2022, under sections 323, 504, 506, 452, 308 I.P.C., Police Station Mehnagar, at Azamgarh in State Versus Akash Yadv.
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, Vikass Yadav, Angad Yadav and Ram Awadh Yadav appear before the trial court within four 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 :- 20.10.2022 T.S.
Digitally signed by TRIBHUWAN SINGH Date: 2022.10.20 16:40:02 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
whether the prayer for quashing the cognizance order and charge sheet can be dismissed as not pressed, leaving the bail application to be decided expeditiously.
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
Vikash Yadav
State Of U.P.
Another
Karunesh Singh Pawar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
