Single judge dismissed appellant's appeal seeking quashment of charge sheet and criminal proceedings. Court refused quashing but ordered bail to be decided expeditiously if application filed within fifteen days.
Prayer for quashment refused; bail application to be decided expeditiously if filed within fifteen days.
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Court No. - 89
Case :- CRIMINAL APPEAL No. - 3197 of 2022
Appellant :- Krishna Dev Yadav @ K.D. Yadav And 7 Others Respondent :- State of U.P. and Another Counsel for Appellant :- R.B.Pal,Shivam Kumar Pal Counsel for Respondent :- G.A.,Sheshmani Vishwakarma
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for appellants as well as learned Additional Government Advocate for State.
The present appeal has been filed to quash the impugned charge sheet dated 12.6.2021, cognizance/summoning order dated 1.9.2021 passed in Special Trial No.315 of 2021 State versus Krishnadev Yadav and others arising out of case crime No.59 of 2021 under sections 147, 323, 504, 506, 452 I.P.C. and 3(1) R,S of SC/ST Act, P.S. Bariyarpur, district Deoria and entire criminal proceedings thereof.
Learned counsel for applicants, after arguing for some time, submits that present petition may be dismissed as not pressed with liberty to file a bail application which may be decided in view of law laid down by Supreme Court in Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021, to which learned A.G.A. has no objection.
In view of the above, prayer for quashing the impugned proceeding is refused. So far as other prayer is concerned, it is provided that in case the appellants appear before the trial court within fifteen days from today and a bail application is filed, the same be decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra).
The appeal is disposed of accordingly.
Order Date :- 16.7.2022
kkb.
Digitally signed by KRISHNA KUMAR BARANWAL Date: 2022.07.16 16:37:54 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the charge sheet dated 12.6.2021, cognizance/summoning order dated 1.9.2021 and entire criminal proceedings under IPC and SC/ST Act should be quashed.
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and anotherReferred¶7
Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021
2 provisions across 2 enactments
Krishna Dev Yadav @ K.D. Yadav And 7 Others
State of U.P.
Karunesh Singh Pawar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
