This application under Section 482 Cr.P.C. sought quashing of proceedings or a direction for expeditious bail disposal. The court refused the quashing prayer but granted a direction for expedited consideration of the applicant's bail application.
Prayer for quash refused; direction for expeditious disposal of bail application granted.
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Court No. - 88
Case :- APPLICATION U/S 482 No. - 36616 of 2022
Applicant :- Khemchand Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Gautam,Shiv Vilas Mishra Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
This application U/s 482 Cr.P.C. has been filed to quash the entire proceeding including summoning order dated 4.4.2022 in Complaint Case No. 3444 of 2021 (Vishal Rana Vs. Khemchand) under sections 138 N.I. Act, P.S. Hapur Dehat, District Hapur pending in the court of A.C.J.M., Hapur.
Learned counsel for the applicant submitted that he is not pressing the application for the prayer of quashing the entire proceeding as well as summoning order. He is confining his prayer only for a direction for 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 applicant, the prayer for quashing the entire proceeding as well as summoning order is hereby refused.
The application U/s 482 Cr.P.C. is disposed of with a direction that if applicant moves 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 :- 3.12.2022 Masarrat
Digitally signed by MASARRAT HUSAIN Date: 2022.12.03 15:13:44 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether to allow the quashing of the FIR and summoning order in a complaint case under the Negotiable Instruments Act.
Whether to direct expeditious disposal of a bail application pending before the court concerned.
Whether the applicant should be permitted to change the scope of the application from quashing to seeking expedited bail disposal.
Colour shows how this judgement treated each authority
Satendra Kumar Antil vs. Central Bureau of Investigation and orsReferred¶7
202 (4) Crimes 139 (SC)
1 provisions across 1 enactments
Khemchand
State of U.P.
Syed Aftab Husain Rizvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
