Single judge applied for quashing of FIR and cognizance under Section 482 Cr.P.C. Court directed authorities to decide bail application expeditiously within three weeks and stayed coercive action during that period.
Direction to decide bail application expeditiously within three weeks; stay on coercive action for three weeks.
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Neutral Citation No. - 2023:AHC:124860
Court No. - 72 Case :- APPLICATION U/S 482 No. - 21312 of 2023 Applicant :- Mayank Yadav And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jai Singh Counsel for Opposite Party :- G.A.
Hon'ble Vipin Chandra Dixit,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 for quashing the cognizance order dated 18.02.2020 as well as the entire proceedings of F.I.R. No.435 of 2019 (State Vs. Mayank Yadav and others), under Sections 323, 504 I.P.C. and Section 3(1), (i) S.C./S.T. Act, P.S. Panki, District Kanpur Nagar, pending in the court of Special Judge (S.C./S.T. Act), Kanpur Nagar.
The contention of counsel for the applicants is that no offence against the applicants is disclosed and the present case has been instituted with a malafide intention for the purposes of harassment.
After arguing the case for some time, learned counsel for the applicants submits that the applicants do not want to press the prayer for quashing of entire criminal proceedings and the purpose of his clients would suffice, if a direction may be given to the courts below to decide the bail application within specific time frame.
Considering the facts and circumstances of the case, it is provided that if the applicants surrender and apply for bail within three weeks from today, the Courts below may decide the bail application of the applicants expeditiously in the light of guidelines laid down by Hon'ble Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation & Anr. reported in (2021) 10 SCC 773 .
For the period of three weeks, no coercive action shall be taken against the applicants in the aforesaid case.
With the above directions, present application U/s 482 Cr.P.C. is disposed of.
Order Date :- 6.6.2023/Kpy
Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad
2 issues framed by the court
Whether an application under Section 482 Cr.P.C. to quash FIR proceedings can be disposed of by granting a direction for expeditious bail decision with an interim stay on coercive action.
Whether the prayer for quashing cognizance should be withdrawn if the applicant agrees to seek bail expeditiously.
Colour shows how this judgement treated each authority
Satender Kumar Antil vs. Central Bureau of Investigation & Anr.Relied on¶8
Satender Kumar Antil vs. Central Bureau of Investigation & Anr. reported in (2021) 10 SCC 773 · Who else cites this
1 provisions across 1 enactments
Mayank Yadav
Another
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
