Applicant invoked inherent jurisdiction under Section 482 Cr.P.C. to quash charge-sheet and summons order. Court sought to grant bail and sought the court below to consider bail expeditiously.
Application disposed of with direction to court below to consider bail application expeditiously within three weeks.
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Court No. - 90
Case :- APPLICATION U/S 482 No. - 3566 of 2022
Applicant :- Firoz Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashutosh Prasad Shukla Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
By means of this Application under Section 482 Cr.P.C., the applicant has invoked the inherent jurisdiction of this Court for quashing the impugned charge-sheet dated 27.09.2020 as well as cognizance/ summoning order dated 28.06.2021 in Criminal Case No.3876 of 2021 (State Versus Intjar and others), arising out of Case Crime No.346 of 2020, under Sections 323, 504, 308 I.P.C., P.S. Anwala, District Bareilly, pending before the Judicial Magistrate-I, Anwala, Bareilly.
At the outset, learned counsel for the applicant submits that a direction for bail be granted.
Accordingly, the Application under Section 482 Cr.P.C. is disposed of with the direction to the court below that if the applicant appears before the court below within a period of three weeks from today and applies for bail, his bail application shall be considered and decided, as expeditiously as possible, in view of law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 and Brahm Singh and others Vs. State of U.P. and others, 2016 (95) ACC 950 .
Order Date :- 16.2.2022 Radhika
Digitally signed by RADHIKA VISHWAKARMA Date: 2022.02.17 12:35:50 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the inherent jurisdiction under Section 482 Cr.P.C. is attracted for bail in the present case.
Whether the present application shall be disposed of with a direction for expeditious consideration of bail.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherExplained¶7
(2021) 10 SCC 773 · Who else cites this
Brahm Singh and others Vs. State of U.P. and othersExplained¶7
2016 (95) ACC 950
1 provisions across 1 enactments
Firoz
State Of U.P. And Another
Sadhna Rani (Thakur)
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
