Held a Criminal Appeal regarding quashing of proceedings. The Hon'ble Court granted liberty to the applicant to move a discharge application and a bail application before the trial court, to be decided expeditiously under Satender Kumar Antil.
Liberty granted to move discharge and bail applications before the trial court to be decided expeditiously.
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Court No. - 92 Case :- APPLICATION U/S 482 No. - 4802 of 2022 Applicant :- Sanjeet Yadav Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Priyanka Srivastava,Abhishek Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
Heard learned counsel for the applicant/petitioner and learned AGA for the State.
The present petition has been preferred by the applicant/petitioner for quashing of the entire proceedings including summoning order dated 01.01.2022 passed in Case No. 3/2022 arising out of Case Crime No. 675/2020 under Sections 406, 120B IPC, Police Station Kotwali, District Etawah pending in the court of Chief Judicial Magistrate, Etawah.
After arguing at some length, learned counsel for the applicant/petitioner has submitted that liberty may be given to the applicant/petitioner for moving a discharge application before the court below and the same may be decided expeditiously.
It is further prayed that liberty may also be given to the applicant to file bail application before the trial court which may be decided in view of law laid down by Hon'ble Supreme Court in order dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another .
Learned AGA has no objection to the prayer made by learned counsel for the applicant/petitioner.
The present petition is disposed of with liberty to the applicant/petitioner to move discharge application before the court below and the same shall be decided expeditiously in accordance with law.
As far as prayer made by learned counsel for the applicant to grant liberty to the applicant to file bail application and the same may be decided in in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra), liberty is given to the applicant to move bail application before the trial court and the same shall be decided in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra).
Order Date :- 13.4.2022 Nitesh
Digitally signed by NITESH KUMAR TEWARY Date: 2022.04.13 15:33:49 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether liberty may be granted to the applicant to move a discharge application before the court below.
Whether liberty may be granted to the applicant to file a bail application before the trial court.
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and anotherReferred¶7
Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another
Satender Kumar Antil versus Central Bureau of Investigation and anotherReferred¶10
Satender Kumar Antil versus Central Bureau of Investigation and another (supra)
Sanjeet Yadav
MANISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
