Court quashed the prayer to quash charge-sheet and cognizance. The criminal miscellaneous application was disposed of with a direction for expeditious disposal of the pending bail application, referring to guidelines in S. K. Antil vs. CBI (SC).
Application disposed with direction for expeditious disposal of the pending bail application.
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Court No. - 88
Case :- APPLICATION U/S 482 No. - 36413 of 2022
Applicant :- Pankaj Kumar And 6 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Upendra Kumar Pushkar Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the material on record.
This criminal misc. application U/s 482 Cr.P.C. has been filed to quash the impugned charge-sheet no.94 of 2022 dated 03.05.2022 as well as cognizance order dated 04.07.2022 passed by ACJM, Aligarh in criminal case no.2897 of 2022 (State vs. Pankaj Kumar and others) arising out of case crime no.094 of 2022, U/s 147, 148, 323, 352, 452, 504 IPC, P.S. Harduaganj, District Aligarh pending in the court of Additional Chief Judicial Magistrate-II, Aligarh.
Learned counsel for the applicants submitted that he is not pressing the application for the prayer of quashing the chargesheet and cognizance order. He is confining his prayer only for direction of expeditious disposal of the bail application in view of guidelines propounded in Satendra Kumar Antil vs. Central Bureau of Investigation and ors, reported in 202(4) Crimes 139 (SC) case.
In view of the submission made by the learned counsel for the applicants, the prayer for quashing the entire criminal proceeding and summoning order is hereby refused.
The application U/s 482 Cr.P.C. is disposed off with a direction that if applicant move bail application before the court concerned, it shall be decided expeditiously in accordance with settled principle of law propounded by Hon'ble Apex Court.
Order Date :- 15.11.2022 C. MANI
Digitally signed by CHANDRAMANI VERMA Date: 2022.11.19 12:44:43 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the criminal miscellaneous application under Section 482 Cr.P.C. be disposed of in view of the application not being pressed for quashing chargesheet.
Whether the bail application pending before the trial court shall be disposed of expeditiously in accordance with guidelines in Satendra Kumar Antil case.
Colour shows how this judgement treated each authority
S. K. Antil vs. CBIReferred¶7
Satendra Kumar Antil vs. Central Bureau of Investigation and ors, reported in 202(4) Crimes 139 (SC) case
Pankaj Kumar and 6 Others
Syed Aftab Husain Rizvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
