Court allowed applicant to not press a petition for quashing of charge-sheet and cognizance order. It directed the trial court to decide a bail application within ten days if filed within fifteen days, relying on Supreme Court law.
Application disposed; liberty granted to file bail within 15 days; trial court directed to decide bail within 10 days.
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Court No. - 92
Case :- APPLICATION U/S 482 No. - 6809 of 2022
Applicant :- Devan Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Rajesh Kumar Gautam Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
Instant petition under Section 482 Cr.P.C. has been preferred by the applicant/petitioner for quashing/setting aside the impugned charge-sheet dated 12.10.2021 and cognizance order dated 24.12.2021 as well as entire proceeding of Criminal case no. 28914 of 2021 arising out of case crime no. 659 of 2021 under Sections 323, 354-B IPC, Police Station Kotwali Vrindawan, District Mathura, pending in the court of Civil Judge (Junior Division)/FTC, Mathura.
After arguing at some length, learned counsel for the applicant/petitioner has submitted that he does not want to press the petition and seeks liberty to file bail application before the learned 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.
On due consideration to the submissions of learned counsel for the parties', it is provided that in case, the applicant/petitioner moves 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 :- 25.4.2022 Nitesh
Digitally signed by NITESH KUMAR TEWARY Date: 2022.04.26 09:40:17 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether to allow applicant to not press quashing petition and instead seek bail application before trial court with direction for speedy disposal.
Whether the impugned charge-sheet and cognizance order should be quashed.
Whether to grant liberty to file bail application under the law laid down by the Hon'ble Supreme Court.
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and anotherRelied on¶6
Satender Kumar Antil versus Central Bureau of Investigation and another
1 provisions across 1 enactments
Devan
State Of U.P.
Manish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
