Court dismissed an application to quash a summoning order but stipulated that bail would be decided expeditiously if applicants applied within fifteen days, referencing Supreme Court law.
Quashing prayed refused; bail to be decided expeditiously if applied within 15 days.
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Court No. - 86 Case :- APPLICATION U/S 482 No. - 23790 of 2022 Applicant :- Vipin And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukti Nath Dwivedi 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 summoning order dated 01.06.2022 passed by C.J.M., Shahjahanpur in complaint case No. 10955/2021 "Rajaram Saena Vs. Vipin and others", under Sections 452/323/504/506 I.P.C. P.S. Sadar Bazar, District Shahjahanpur pending in the court of CJM, Shahjahanpur.
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 Vipin, Deepak and Munna Lal, appear before the trial court within fifteen days 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 :- 12.9.2022 RC
Digitally signed by RAM CHANDER YADAV Date: 2022.09.13 12:42:33 IST Reason: Location: High Court of Judicature at Allahabad
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Satender Kumar Antil versus CBI and anotherReferred¶5
Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021
Vipin and 2 Others
State of U.P.
Karunesh Singh Pawar
As recorded by the court registry
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