Single judge of Allahabad High Court refused prayer to quash proceedings under Section 482 Cr.P.C. while granting liberty to file bail application to be decided expeditiously citing Supreme Court law.
Prayer for quashing refused; liberty granted to file bail application to be decided expeditiously.
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Court No. - 86
Case :- APPLICATION U/S 482 No. - 28629 of 2022
Applicant :- Santosh Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhanshu Pratap Singh,Jitendra Kumar Pandey 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 order dated 22.2.2018 passed by ACJM-I, Basti in case No.1923 of 2018 State vs. Santosh Kumar and others arising out of case crime No.461 of 2015 under sections 420, 468, 471, 120B I.P.C., P.S. Sonha, district Basti as also the entire proceedings.
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 :- 16.9.2022 kkb.
Digitally signed by KRISHNA KUMAR BARANWAL Date: 2022.09.16 13:17:06 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the present Section 482 application quashing proceedings may be dismissed without prejudice to the petitioner's right to file a bail application which will 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
1 provisions across 1 enactments
Santosh Kumar And 2 Others
Karunesh Singh Pawar
As recorded by the court registry
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