Awadhesh Kumar Yadav v. State of Up and Another
Case brief
What is this about?
Held that since the applicant withdrew the prayer for quashing of the charge-sheet and proceeding, the application for quashing is refused. However, the court directed that any subsequent bail application must be disposed expeditiously following the Satender Kumar Antil guidelines.
What did the court decide?
Prayer for quashing refused; direction issued for expeditious disposal of any future bail application in accordance with Satender Kumar Antil guidelines.
What the court decided
Court No. - 88
Case :- APPLICATION U/S 482 No. - 36504 of 2022
Applicant :- Awadhesh Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yashpal Yadav,Lalji Yadav Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. is filed to quash the charge-sheet dated 20.05.2015 and proceeding initiated in pursuance thereof at Criminal Case No.3 of 2016 (State Versus Awadhesh Kumar Yadav) arising out of Case Crime No.149 of 2015 under Section 406 I.P.C., Police Station Maharajpur, District Kanpur Nagar, pending before M.M.-5, Kanpur Nagar.
Learned counsel for the applicant has submitted that he is not pressing the application for the prayer of quashing of the impugned charge-sheet as well as proceeding of the case. He is confining his prayer only for direction of expeditious disposal of the bail application in view of guidelines propounded in Satender Kumar Antil Versus Central Bureau of Investigation and another) (2021) 10 SCC 773.
In view of the submission made by the learned counsel for the applicant, the prayer for quashing impugned charge-sheet as well as proceeding of the case is hereby refused.
Issues for consideration
2 issues framed by the court
Whether the prayer to direct expeditious disposal of a bail application under the Satender Kumar Antil guidelines can be granted while a Section 482 application for quashing remains pending.
Whether a Section 482 Cr.P.C. application seeking quashing of a charge-sheet can be maintained if not pressed for relief.
Parties & counsel
- applicant
Awadhesh Kumar Yadav
- respondent
State of U.P.
- respondent
Another
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- A482/36504/2022
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