The single judge rejected the prayer to quash proceedings but disposed of the Section 482 CrPC application by directing expeditious disposal of a bail application the applicants intended to file, citing Satendra Kumar Antil guidelines.
Direction for expeditious decision of bail application if moved; Prayer to quash proceedings refused.
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Court No. - 88
Case :- APPLICATION U/S 482 No. - 9376 of 2021
Applicant :- Vikash And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Counsel for Opposite Party :- G.A.,Sudhakar Yadav
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application U/s 482 Cr.P.C. has been filed to quash the entire proceeding of Special Sessions Trial No. 886 of 2020 (State Vs. Sanjay Savita and others) arising out of case crime no. 39 of 2020, under sections 323, 504, 506, 308 IPC and 3(1) (r), 3(1)(s) and 3(2)(5) SC/ST Act, P.S. Kotwali, District Fatehpur as well as cognizance order dated 5.11.2020.
Learned counsel for the applicants submitted that he is not pressing the application for the prayer of quashing the entire proceeding as well as cognizance order. He is confining his prayer only for a direction for expeditious disposal of the bail application in view of guidelines propounded in Satendra Kumar Antil vs. Central Bureau of Investigation and ors, reported in 202 (4) Crimes 139 (SC) case.
In view of the submission made by the learned counsel for the applicants, the prayer for quashing the entire proceeding as well as cognizance order is hereby refused.
The application U/s 482 Cr.P.C. is disposed of with a direction that if applicants move bail application before the court concerned, it shall be decided expeditiously in accordance with law.
Order Date :- 1.12.2022 Masarrat
Digitally signed by MASARRAT HUSAIN Date: 2022.12.02 12:47:59 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to grant direction for expeditious disposal of the pending bail application in the underlying case.
Colour shows how this judgement treated each authority
Satendra Kumar Antil vs. CBI and ors.Referred¶7
Satendra Kumar Antil vs. Central Bureau of Investigation and ors, reported in 202 (4) Crimes 139 (SC)
1 provisions across 1 enactments
Vikash And Another
Syed Aftab Husain Rizvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
