Single judge disposed of Section 482 Cr.P.C. application by directing the trial court to consider bail expeditiously if applicants appear within one month, citing Satender Kumar Antil and Brahm Singh.
Direction to trial court to consider bail application expeditiously if applicants appear within one month.
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Court No. - 73
Case :- APPLICATION U/S 482 No. - 8467 of 2022
Applicant :- Arvind Pathak And 4 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Brij Kishore Pandey 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.
By means of this application under Section 482 Cr.P.C., the applicants seek to invoke the inherent jurisdiction of this Court to quash the charge-sheet dated 28.07.2019 and 18.11.2019, (State vs. Arvind Pathak and others), in Case No. 1528 of 2019 arising out of Case Crime No. 94 of 2019, under Sections 147, 323, 504, 506, 427, 354Ka, 354Kha, 420 I.P.C., P.S. -Chaubepur, District Varanasi,, pending in the court of Judicial Magistrate-III, Varanasi.
The only argument made before this Court is that a direction may be issued to the trial court regarding disposal of the bail application when the applicants appear before the trial court.
The application is disposed of with the direction to the trial court that in case, the applicants appear before the trial court within a period of one month from today and move an application for bail, their bail application shall be considered and decided, as expeditiously as possible, in view of 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 :- 8.6.2022 Bhanu
Digitally signed by BHANU PRATAP KUSHWAHA Date: 2022.06.10 15:25:25 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to exercise inherent jurisdiction to quash charge-sheets or issue directions regarding bail.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherReferred¶8
Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 · Who else cites this
Brahm Singh and others Vs. State of U.P. and othersReferred¶8
Brahm Singh and others Vs. State of U.P. and others, 2016 (95) ACC 950
1 provisions across 1 enactments
Arvind Pathak And 4 Others
State Of U.P And Another
Sadha Rani Thakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
