The High Court disposed of a Section 482 CrPC application seeking quashing of charge-sheet and summoning order. The court granted liberty to the applicants to move a discharge application and a bail application before the trial court.
None; liberty to move discharge and bail applications before trial court
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Court No. - 92
Case :- APPLICATION U/S 482 No. - 5850 of 2022
Applicant :- Parvez Ahmad And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Fatma Anjum,Manauvar Husain Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
Heard learned counsel for the applicants/petitioners and learned AGA for the State.
The present petition has been preferred by the applicants/petitioners for quashing of the impugned charge-sheet dated 29.10.2020 and summoning order dated 23.12.2021 passed by learned Chief Judicial Magistrate, Gorakhpur in case no. 114279 of 2021 including entire proceedings thereof.
After arguing at some length, learned counsel for the applicants/petitioners 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 applicants 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 applicants/petitioners 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 applicants 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 (supra), liberty is given to the applicants 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 (supra).
Order Date :- 27.4.2022 Nitesh
Digitally signed by NITESH KUMAR TEWARY Date: 2022.04.27 15:41:32 IST Reason: Location: High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and anotherReferred¶8
Satender Kumar Antil versus Central Bureau of Investigation and another
Satender Kumar Antil versus Central Bureau of Investigation and anotherReferred¶11
Satender Kumar Antil (supra)
Parvez Ahmad
Another
Manish Kumar
As recorded by the court registry
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