The court dismissed the application to quash proceedings with liberty to decide bail under Satender Kumar Antil's case if applicants appear within three weeks to apply formally.
Prayer for quashing refused; liberty granted to apply for bail within three weeks for expeditious disposal.
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Court No. - 86 Case :- APPLICATION U/S 482 No. - 4575 of 2022 Applicant :- Arjun Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikrant Gupta Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for petitioners as well as learned Additional Government Advocate for State.
The present 482 Cr.P.C. petition has been filed to quash the entire proceeding as well as the impugned summoning order dated 6.7.2021 passed by learned Chief Judicial Magistrate, Rampur in Case No. 2775/2021, State Vs. Arjun and another, arising out of case crime no. 377/2020, under section 420 IPC, Police Station Bilaspur, District Rampur as well as the impugned charge sheet no. 387/2020 dated 29.12.2020.
Learned counsel for petitioners, after arguing for some time, submits that present petition may be dismissed as not pressed with liberty to file a bail application which may be decided in view of law laid down by Supreme Court in "Satender Kumar Antil versus 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, prayer for quashing the impugned proceeding is refused. So far as other prayer is concerned, it is provided that in case the petitioners namely Arjun Singh and Ramesh Agrawal, appear before the trial court within three weeks from today and apply for bail, the same shall be decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra).
The petition is disposed of accordingly.
Order Date :- 28.9.2022 RC
Digitally signed by RAM CHANDER YADAV Date: 2022.09.29 17:48:42 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the application under Section 482 Cr.P.C. to quash proceedings can be dismissed with liberty to decide on bail under Satender Kumar Antil's case law.
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and anotherDistinguished¶5
Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri) No. 5191 of 2021
Arjun Singh
Ramesh Agrawal
Karunesh Singh Pawar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
