Single judge refused to quash criminal proceedings under Section 482 Cr.P.C. but granted liberty to seek bail under Satender Kumar Antil guidelines, requiring appearance before trial court.
Quashing refused; liberty granted to file bail application for expedited consideration.
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Court No. - 86
Case :- APPLICATION U/S 482 No. - 22290 of 2022
Applicant :- Surya Prakash Maurya @ Sri Kishun And 9 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avadhesh 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. application has been filed to quash the impugned criminal proceedings in Case No.2042 of 2020 state versus Sandeep and others arising out of case crime No.505 of 2017 under sections 147, 452, 323, 504, 506, 427, 352, 325 I.P.C., P.S. Mubarakpur, district Azamgarh, pending in the court of CJM, Azamgarh as also charge sheet No.A-109 dated 27.5.2018 as well as cognizance order dated 14.2.2020 and bailable warrant dated 31.5.2022.
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 :- 12.9.2022 kkb.
Digitally signed by KRISHNA KUMAR BARANWAL Date: 2022.09.12 16:13:54 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the prayer for quashing criminal proceedings under Section 482 Cr.P.C. should be dismissed with liberty to file a bail application.
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and anotherReferred¶7
Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021
Surya Prakash Maurya @ Sri Kishun And 9 Others
State of U.P.
Karunesh Singh Pawar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
