This order dismisses an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings, refusing the prayer but granting liberty to file a bail application within twenty days for expeditious consideration.
Prayer for quashing refused; liberty granted to file bail application within twenty days for expeditious disposal.
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Court No. - 86 Case :- APPLICATION U/S 482 No. - 21108 of 2022 Applicant :- Mudassir @ Seetu Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shahid Karim Siddiqui,Mohd. Arif Siddiqui
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for petitioner as well as learned Additional Government Advocate for State.
The present 482 Cr.P.C. application has been filed to quash the entire criminal proceedings of Special Case No. 2184/2021 "State Vs. Imran @ Lamba and others", arising out of case crime No. 568/2019, under Sections 147/148/149/188/332/353/336/427/436/307/395/352/504/506 I.P.C. and Section 7 of Criminal Law Amendment Act, P.S. Firozabad South, District Firozabad pending in the Court of learned Special Judge (D.A.A.)/Additional Session Judge, Court No. 11, District Firozabad.
Learned counsel for petitioner 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 Hussain and another versus Union of India and others (2017)5 SCC 702 as well as "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 petitioner appears before the trial court within twenty 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 Hussain's case (supra) and Satender Kumar Antil (supra).
The petition is disposed of accordingly.
Order Date :- 22.9.2022 RC
Digitally signed by RAM CHANDER YADAV Date: 2022.09.23 09:52:25 IST Reason: Location: High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Hussain and another versus Union of India and othersReferred¶6
Hussain and another versus Union of India and others (2017)5 SCC 702 · Who else cites this
Satender Kumar Antil versus Central Bureau of Investigation and anotherReferred¶6
Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021
Mudassir @ Seetu
State Of U.P.
Karunesh Singh Pawar
As recorded by the court registry
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