The applicant surrendered the challenge to quash proceedings and sought protection to surrender. The court refused the quashing prayer but directed expedited consideration of a bail application under Satender Kumar Antil guidelines.
Relief to quash proceedings refused; direction issued to surrender and dispose bail application expeditiously.
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Court No. - 44
Case :- APPLICATION U/S 482 No. - 7711 of 2022
Applicant :- Dinesh Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant to quash the entire proceedings of Case No.331 of 2021, arising out of Case Crime No.152 of 2021 as well as charge-sheet dated 03.12.2020 and summoning order dated 16.01.2021 passed by Judicial Magistrate (FTC, Mahila), Azamgarh, under Section 354 I.P.C., P.S. Maharajganj, District Azamgarh.
At the outset, learned counsel for the applicant gave up his challenge to the aforesaid impugned summoning order and criminal proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. Learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicant expeditiously.
Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by him on merits and want to surrender before the concerned court below, he has no objection.
In view of the above, the relief as sought by the applicant in the instant application is refused.
However, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within four weeks from today and in case apply for bail, the bail application of the applicant shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another , 2021 SCC Online SC 922.
With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 23.6.2022 Nitin Verma
Digitally signed by NITIN KUMAR VERMA Date: 2022.06.23 17:03:46 IST Reason: Location: High Court of Judicature at Allahabad
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Satender Kumar Antil Vs. Central Bureau of Investigation and anotherReferred¶10
Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922 · Who else cites this
1 provisions across 1 enactments
Dinesh Singh
Deepak Verma
As recorded by the court registry
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