In Criminal Appeal No. 3369 of 2022, the Allahabad High Court refused the prayer to quash impugned criminal proceedings under sections 323, 504 IPC and SC/ST Act, citing liberty to file a bail application within fifteen days as per Supreme Court law.
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Court No. - 89
Case :- CRIMINAL APPEAL No. - 3369 of 2022
Appellant :- Jitendra Budholiya And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Ajay Sengar Counsel for Respondent :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for appellants as well as learned Additional Government Advocate for State.
Notice to respondent No.2 is dispensed with.
The present appeal has been filed to quash the impugned criminal proceedings including the judgment and order dated 29.1.2022 passed in S.T.No.003 of 2022 State of U.P. versus Jitendra Budholiya and another arising out of case crime No.0105 of 2021 under sections 323, 504 I.P.C. and section 3(1)(r)(s) of SC and ST Act, P.S. Rendhar, district Jalaun.
Learned counsel for appellants, 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 :- 21.7.2022 kkb.
Digitally signed by KRISHNA KUMAR BARANWAL Date: 2022.07.21 13:50:38 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the prayers for quashing criminal proceedings and granting bail should be allowed.
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021Referred¶8
Jitendra Budholiya and another
State of U.P.
Karunesh Singh Pawar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
