Court No. 92 allowed an application under Section 482 Cr.P.C. to quash proceedings, directing the applicants to file a bail application within 15 days to be disposed of within 10 days.
Quashed proceedings of S.T. No.144/2019; liberty granted to file bail application within 15 days to be decided within 10 days.
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Court No. - 92
Case :- APPLICATION U/S 482 No. - 6739 of 2022 Applicant :- Sanjay Kumar Srivastava And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neeraj Singh Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
Heard learned counsel for the petitioners/ applicants and learned counsel for the opposite parties as well as perused the record.
The present petition under Section 482 Cr.P.C has been filed by the petitioners with the prayer to quash the entire proceeding of S.T. No.144/2019, arising out of Case Crime No.417/2018, under Sections 147, 323, 504, 325 I.P.C. and Section 3(1)Da, 3(1)Dha SC/ST Act, P.S. Cantt. District - Gorakhpur, pending before the court of Special Judge SC/ST Act, Gorakhpur. It has further been prayed to stay the further proceeding of the aforesaid case.
After arguing at some length, learned counsel for the petitioners/ applicants submits that a liberty may be given to the petitioners/ applicants to file bail application before the learned trial court and the same may be decided in view of law laid 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 A.G.A. has no objection to the prayer made by learned counsel for the petitioners/ applicants.
As prayed by the learned counsel for the applicants / petitioners', it is provided that in case, the petitioners move bail application before the trial court within fifteen days' from today, the same shall be decided within a period of ten days thereafter, in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra).
The petition is disposed of accordingly.
Order Date :- 26.5.2022 S. Kumar
Digitally signed by Justice Manish Kumar Date: 2022.05.26 19:00:20 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¶6
Satender Kumar Antil versus Central Bureau of Investigation and another
Sanjay Kumar Srivastava And 8 Others
Manish Kumar
As recorded by the court registry
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