Ram Kumar @ Ramu and 3 Others Vs State of U.P. and Another — Allahabad HC (2022) — LawSathi Research

Ram Kumar @ Ramu and 3 Others Vs State of U.P. and Another — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the court below that if the applicants appear within two weeks and apply for bail, their bail application shall be decided in view of the law laid down by the Apex Court in Sateyndra Kumar Antil (supra); the quashing prayer was not pressed and was not adjudicated.

Issue for consideration

Whether the charge sheet no. 01 of 2020, the summoning order dated 3.11.2021 and the entire criminal proceeding of criminal case No. 579 of 2021 (arising out of case crime No. 97 of 2020) should be quashed. +1 more

Court's answer

The prayer for quashing was not pressed by the applicants' counsel; with the aforesaid observation and direction, the application under Section 482 Cr.P.C. was disposed of without adjudicating the quashing prayer.

Ratio / Principle

It is directed that if the applicants appear before the court below within two weeks and apply for bail, their bail application shall be decided by the court below in view of the law laid down by the Apex Court in Sateyndra Kumar Antil (supra).

Detailed headnote1 paragraphs

Allahabad High Court (Sameer Jain, J.), Application u/s 482 Cr.P.C. No. 9224 of 2022, decided 16.7.2022: Applicants Ram Kumar @ Ramu, Anil, Sunil and Bhagwan Das sought quashing of charge sheet no. 01 of 2020, summoning order dated 3.11.2021 and the entire proceeding of criminal case no. 579 of 2021 (Sections 34, 323, 324, 427, 452, 504, 506 IPC; case crime no. 97 of 2020, P.S. Pali Mukimpur) pending before the Judicial Magistrate, Atrauli, Aligarh. Counsel did not press the quashing prayer and confined it to a direction that, on the applicants' appearance and bail application, bail be dealt with per the Supreme Court's law in Sateyndra Kumar Antil v. CBI [2021 (10) SCC 773]; the learned AGA raised no objection. The Court directed that if the applicants appear before the court below within two weeks and apply for bail, their bail application shall be decided in view of that law, and disposed of the application accordingly.

Court No. - 84

Case :- APPLICATION U/S 482 No. - 9224 of 2022 Applicant :- Ram Kumar @ Ramu And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Saxena Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

Heard Sri Amit Saxena, learned counsel for the applicants and Dr. S.D. Maurya learned AGA-1 appearing on behalf of the State-respondent.

By way of filing present application u/s 482 Cr.P.C. applicants, namely, Ram Kumar @ Ramu, Anil, Sunil and Bhagwan Das prayed for quashing the charge sheet no. 01 of 2020, summoning order dated 3.11.2021 as well as the entrire criminal proceeding of criminal case No. 579 of 2021 arising out of case crime No. 97 of 2020, under Section 34, 323, 324, 427, 452, 504, 506 IPC, P.S. Pali Mukimpur, pending in the court of Judicial Magistrate, Atrauli, Aligarh.

At the very outset learned counsel for the applicants 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 applicants will appear and apply for bail then their 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 applicants 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 applicants appear before the court below within two weeks from today and apply for bail then their 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 :- 16.7.2022/Ankita

Digitally signed by ANKITA SRIVASTAVA Date: 2022.07.20 18:47:21 IST Reason: Location: High Court of Judicature at Allahabad