Disposed
Tamatar @ Uday Pratap Singh v. State of U.P.and Another
Allahabad HCA482/7089/2022
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Case :- APPLICATION U/S 482 No. - 7089 of…
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Case :- APPLICATION U/S 482 No. - 7089 of…
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Court No. - 84
Case :- APPLICATION U/S 482 No. - 7089 of 2022
Applicant :- Tamatar @ Uday Pratap Singh Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Pankaj Kumar Ojha Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Pankaj Kumar Ojha, learned counsel for the applicant and Sri Arvind Kumar learned AGA appearing on behalf of the State-respondent.
By way of filing present application u/s 482 Cr.P.C. applicant prayed to quash the entire proceeding of criminal case No. 24 of 2020, arising out of case crime No. 0024 of 2020, under Sections 354, 354 Kha, 323, 504, 506 IPC and Section 7/8 POCSO Act and Section 3(1)(w) SC/ST Act, P.S. Cholapur, District Varanasi, pending in the court of Special Judge, POCSO Act, Court No. 1, District Varanasi as well as charge sheet no. 1 of 2020 dated 9.3.2020 and cognizance order dated 21.12.2020.
At the very outset, learned counsel for the applicant submitted that he does not want to press the prayer made in the present application. He further submitted that he only confines his prayer to pass direction to the lower court that when the applicant will appear and apply for bail then his bail application shall be decided in view of the observation made by the Apex Court in the case of Sateyndra Kumar Antil Vs. CBI & others reported in [2021 (10) SCC 773] .
Learned AGA submitted that he has no objection if such direction is given as learned counsel for the applicant himself does not want to press the prayer made in the present application u/s 482 Cr.P.C. and only confine to his prayer that a suitable direction may be given to the court below in view of the Apex Court judgement passed in the case of Sateyndra Kumar Antil (supra) .
In the aforesaid facts and circumstances of the case, it is directed that if the applicant appears before the court below within three weeks from today and applies for bail then his bail application shall be decided by the court below in view of law laid down by the Apex Court in the case of Sateyndra Kumar Antil(supra).
With the aforesaid observation, the present application u/s 482 Cr.P.C. is disposed off .
Order Date :- 19.7.2022/Ankita
Digitally signed by ANKITA SRIVASTAVA Date: 2022.07.23 15:54:37 IST Reason: Location: High Court of Judicature at Allahabad
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Sateyndra Kumar Antil Vs. CBI & others reported in [2021 (10) SCC 773]Explained¶7
Tamatar @ Uday Pratap Singh
State Of U.P.
Sameer Jain
As recorded by the court registry
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