Applicants sought to quash a summoning order in a cheating and mischief case and prayed for bail. The court disposed of the application without deciding the merits, directing the trial court to dispose of a bail application if filed within 15 days.
Directing trial court to dispose bail application if applicants apply within 15 days.
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Court No. - 73 Case :- APPLICATION U/S 482 No. - 8115 of 2022 Applicant :- Lakshman And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Jaiswal Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicants and learned A.G.A. for the State-respondent.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the summoning order dated 27.10.2021 passed by the Chief Judicial Magistrate, Ghazipur in Misc. Criminal Case No. 291/2020 (Ram Vijay Vs. Rajesh & others) under Sections 323 & 420 I.P.C. Police Station Dullahpur, District Ghazipur.
It is argued by the learned counsel for the applicants that he had purchased the land from the father of the complainant - Jagbandhan and paid the sale consideration to one Rajesh. They are the bonafide purchaser. As they have purchased the land for full consideration so the proceedings against them is not maintainable and hence, prayed to quash the summoning order dated 27.202021 and further proceedings of Misc. Case No. 291 of 2020 under Sections 325 and 420 I.P.C.
Per contra, learned A.G.A. has opposed the application and has prayed that the sale deed has been executed fraudulently without any knowledge to Jagbandhan (now deceased) and his son and the consideration of sale has admittedly not been made to the seller.
At this stage, learned counsel for the applicants submitted that some relief regarding bail be granted to the applicants.
The application is, therefore, disposed of with the direction to the trial court that if the applicants appear before the court below within 15 days from today and move an application for bail before the trial court, the trial court shall be under obligation to dispose their bail application in view of the law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 and Brahm Singh and others Vs. State of U.P. and others, 2016 (95) ACC 950.
Order Date :- 7.6.2022 gp
Digitally signed by GANESH PRAKASH Date: 2022.06.07 17:04:32 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the summoning order dated 27.10.2021 under Sections 323 and 420 I.P.C. should be quashed.
Whether bail should be granted to the applicants.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherReferred¶8
(2021) 10 SCC 773 · Who else cites this
Brahm Singh and others Vs. State of U.P. and othersReferred¶8
2016 (95) ACC 950
3 provisions across 2 enactments
Lakshman And 2 Others
Sadhna Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
