The court disposed of an application under Section 482 Cr.P.C. challenging a summoning order as withdrawn, granting liberty to the applicants to file a bail application before the subordinate court in light of Satender Kumar Antil.
Application disposed of as withdrawn; liberty granted to file bail application before court below.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 80
Case :- APPLICATION U/S 482 No. - 5831 of 2021
Applicant :- Udai Veer And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Vashistha Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Ajay Kumar Vashistha, the learned counsel for applicnats and the learned A.G.A. for State.
Perused the record.
This application under section 482 Cr.P.C. has been filed challenging summoning order dated 20.10.2020 passed by Special Judge, POCSO Act, Kasganj in Final Report No. 109 of 2020 (Smt. Kamla Devi vs. Udai Veer and Others) submitted in Case Crime No. 43 of 2020 , under sections- 323, 354B I.P.C. and sections 7/8 POCSO Act, Police Station- Ganjdundwara, District- Kasganj.
After some arguments, learned counsel for the applicants wants to withdrawn the application with liberty to file a bail application before the court of competent jurisdiction.
In view of the above, the application is disposed of as withdrawn with liberty to the applicants to appear before court below and file an appropriate application for bail before the court below, which shall be decided by court below in the light of decision rendered in Satender Kumar Antil Vs. Central Bureau of Investigation and another, Special Leave to Appeal (Crl.) No (s) 5191 of 2021 decided on 07.10.2021.
Order Date :- 18.7.2022 Saif
Digitally signed by SHAIKH SAIF ABDIN Date: 2022.07.18 16:26:28 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the application under Section 482 Cr.P.C. challenging the summoning order shall be disposed of as withdrawn with liberty to file a bail application.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. CBI and anotherReferred¶9
Satender Kumar Antil Vs. Central Bureau of Investigation and another, Special Leave to Appeal (Crl.) No (s) 5191 of 2021
1 provisions across 1 enactments
Udai Veer and 2 Others
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
