Sunil Kumar and 8 Others Vs State of U.P. and Another — Allahabad HC (2022) — LawSathi Research

Sunil Kumar and 8 Others Vs State of U.P. and Another — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

Application under Section 482 CrPC finally disposed of with the direction that if the applicants appear/surrender before the court below within three weeks and apply for bail, their bail application be considered and disposed of in view of the law laid down in Satender Kumar Antil v. Central Bureau of Investigation and another, (2021) 10 SCC 773, after hearing both the parties.

Issue for consideration

Whether the summoning order dated 09.09.2022 and the entire proceedings of Complaint No. 26 of 2020 (Muneesh Kumar Vs. Sunil Kumar and Others) under Sections 395, 323, 504, 506 I.P.C., pending before the Special Judge (D.A.A.)/ Additional Sessions Judge/ F.T.C., Court No. 02, Kannauj, are liable to be quashed under Section 482 Cr.P.C. +1 more

Court's answer

Learned counsel for the applicants, on instructions, did not press the other prayers made in the application and confined the prayer to consideration of bail in accordance with the law laid down in Satender Kumar Antil; the quashing prayer was therefore not decided on merits.

Ratio / Principle

It is directed that in case the applicants appear/surrender before the court below within three weeks and apply for bail, their bail application be considered and disposed of in view of the law laid down by the Hon'ble Apex Court in Satender Kumar Antil v. Central Bureau of Investigation and another, (2021) 10 SCC 773, after hearing both the parties.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Rajiv Gupta, J.), Order dated 15.12.2022 in Application U/S 482 No. 32348 of 2022 (Sunil Kumar And 8 Others v. State of U.P. and Another). Application under Section 482 Cr.P.C. seeking quashing of the summoning order dated 09.09.2022 and the entire proceedings of Complaint No. 26 of 2020 (Muneesh Kumar Vs. Sunil Kumar and Others) under Sections 395, 323, 504, 506 I.P.C., Police Station Indergarh, District Kannauj, pending before the Special Judge (D.A.A.)/ Additional Sessions Judge/ F.T.C., Court No. 02, Kannauj. Counsel for the applicants, on instructions, did not press the other prayers and confined the request to a direction that, upon the applicants appearing/surrendering before the court below and applying for bail, the bail application be decided in view of the law laid down by the Hon'ble Apex Court in Satender Kumar Antil v. Central Bureau of Investigation and another, (2021) 10 SCC 773, to which learned A.G.A. had no objection. The Court so directed, stipulating appearance/surrender within three weeks and consideration of the bail application after hearing both parties. Application finally disposed of.

Court No. - 84

Case :- APPLICATION U/S 482 No. - 32348 of 2022

Applicant :- Sunil Kumar And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arimardan Yadav,Jadu Nandan Yadav Counsel for Opposite Party :- G.A.

Hon'ble Rajiv Gupta,J.

Heard learned counsel for applicants, learned AGA for State and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the summoning order dated 09.09.2022 and entire proceedings of Complaint No. 26 of 2020 (Muneesh Kumar Vs. Sunil Kumar and Others), under Sections 395, 323, 504, 506 I.P.C., Police Station Indergarh, District Kannauj, pending in the court of Special Judge (D.A.A.)/ Additional Sessions Judge/ F.T.C., Court No. 02, Kannauj.

After some arguments, learned counsel for the applicants, on instructions from the applicants, has submitted that he does not want to press other prayers made in the application and only makes prayer that in case, applicants appear/ surrender before the court below and apply for bail, the same be decided in view of law laid down by Hon'be Apex Court in the case of "Satender Kumar Antil Vs. 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 statement, it is directed that in case, the applicants appear/ surrender before the court below within three weeks from today and apply for bail, their bail application be considered and disposed off in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773, after hearing both the parties.

With the aforesaid observations, this application under Section 482 CrPC is finally disposed off.

Order Date :- 15.12.2022 Nadim

Digitally signed by NADIM ALAM Date: 2022.12.16 10:59:40 IST Reason: Location: High Court of Judicature at Allahabad