A quashing petition under Section 482 CrPC was treated as not pressed. The court refused to quash proceedings but granted liberty to apply for bail within four weeks for expeditious disposal.
Quashing refused; liberty granted to file bail application within four weeks for expedited disposal.
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Court No. - 86
Case :- APPLICATION U/S 482 No. - 31324 of 2022
Applicant :- Sarvjeet Singh Alias Shabba Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjeev Kumar Gaur,Babita Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for State.
Notice to respondent No.2 is dispensed with.
The present application has been filed to quash the impugned criminal proceedings of Case No.4830 of 2021 State vs. Sarvjeet Singh arising out of case crime No164 of 2021 under sections 379, 353, 186, 204, 427, 171(C), 171(F) I.P.C., P.S. Amariya, district Pilibhit, pending in the court of J.M., district Pilibhit.
Learned counsel for applicant, 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 applicant appears before the trial court within four weeks 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 :- 21.10.2022 kkb.
Digitally signed by KRISHNA KUMAR BARANWAL Date: 2022.10.21 14:45:57 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to quash criminal proceedings or grant liberty to file bail.
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and AnotherReferred¶8
Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021
Satender Kumar Antil versus Central Bureau of Investigation and AnotherReferred¶9
Satender Kumar Antil's case (supra)
Sarvjeet Singh Alias Shabba
State of U.P.
Karunesh Singh Pawar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
