This court disposed of an application under Section 482 Cr.P.C. to quash proceedings. It conditionally allowed a prayer for bail liberty and fixed a timeline for decision if a bail application is filed.
Granted liberty to file a bail application in the trial court within fifteen days.
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Court No. - 92
Case :- APPLICATION U/S 482 No. - 8299 of 2022 Applicant :- Smt. Sarita @ Khushboo And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kumar 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 Complaint Case No.13180 of 2020, Under Section 406 I.P.C., Police Station - Dakshin, District - Firozabad including the summoning order dated 13.04.2021 passed by the learned Civil Judge (Junior Division) Judicial Magistrate Fast Track Court - II, Firozabad.
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 :- 25.4.2022 S. Kumar
Digitally signed by SANTOSH KUMAR Date: 2022.04.26 09:40:35 IST Reason: Location: High Court of Judicature at Allahabad
Smt. Sarita @ Khushboo
Another
Manish Kumar
As recorded by the court registry
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