Gaya Prasad and 7 Others v. State of U.P. and Antoher
Case brief
What is this about?
This court dismissed a Section 482 Cr.P.C. petition seeking quashing of charge sheet and cognizance orders. The court granted the applicant liberty to file a bail application before the trial court within fifteen days, based on the Satender Kumar Antil judgment, and disposed of the petition.
What did the court decide?
Liberty granted to file bail application in trial court within fifteen days; petition disposed of.
What the court decided
Court No. - 92
Case :- APPLICATION U/S 482 No. - 9754 of 2022
Applicant :- Gaya Prasad And 7 Others Opposite Party :- State Of U.P. And Antoher Counsel for Applicant :- Ram Prasad Yadav Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
Heard learned counsel for the petitioners, learned AGA and perused the record.
The present petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing the Charge Sheet, Cognizance Order date 01.02.2022 and summoning order dated 01.02.2022 and the proceedings in Case No. 228 of 2022, under Sections 308, 147, 148, 323, 504, 506, 427, 352 and 325 IPC pending before Additional Chief Judicial Magistrate, First, Basti arising out of Case Crime No. 201 of 2021, under Sections 147, 148, 323, 504, 506, 427, 352 and 325 IPC, Police Station Gaur, District Basti.
After arguing at some length learned counsel for the petitioners submits that he does not want to press the petition and seeks liberty to file bail application before the learned trial court which 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.
Issues for consideration
1 issue framed by the court
Whether the applicant should be granted liberty to approach the trial court for bail before the present Section 482 petition is decided.
Parties & counsel
- applicant
Gaya Prasad And 7 Others
Coram
Manish Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- A482/9754/2022
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