Pushpendra Vs State of U.P. and Another

Court No. - 84

Case :- APPLICATION U/S 482 No. - 21314 of 2022 Applicant :- Pushpendra Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pramod Kumar Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Shyam Shamshery,J.

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Heard Sri Mritunjai Dwivedi, Advocate holding brief of Sri Pramod Kumar Dwivedi, learned counsel applicant and learned A.G.A. for State.

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The present application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 16.8.2014 as well as non bailable warrant dated 17.5.2017 to 20.5.2022 in Complaint Case No. 1177 of 2017, under Sections 498-A IPC and 3/4 D.P. Act, Police Station Marhara, District Etah.

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Learned counsel for the applicant submits that the applicant has not appeared before the court below, therefore a non bailable warrant was issued, which is continued for last more than two or three years. He further submits that after arguing for some time, on instruction, submits that applicants are ready to surrender before the Trial Court and prayed that Trial Court be directed to consider their bail application in terms of judgment passed by Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 .

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Learned A.G.A. appearing for State has no objection against the aforesaid prayer.

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In view of above, prayers made in this application are rejected. However, the application is disposed of with the direction to applicants to surrender before Trial Court within a period of three weeks from today and file bail application and Trial Court is directed to decide the same strictly in terms of the judgment passed by Supreme Court in Satender Kumar Antil (supra).

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Order Date :- 19.10.2022 Arif

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Digitally signed by MOHAMMAD ARIF Date: 2022.10.19 17:54:53 IST Reason: Location: High Court of Judicature at Allahabad

Pushpendra v. State of U.P. and Another

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Pushpendra v. State of U.P. and Another

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