Court allowed applicants to withdraw quashing prayer and move bail within four weeks per Satendra Kumar Antil guidelines, with no coercive action during that period.
Four weeks granted to move bail application; no coercive action during this period; instant application disposed of.
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Court No. - 72
Case :- APPLICATION U/S 482 No. - 27228 of 2022
Applicant :- Raudas And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mithilesh Kumar Ojha Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Sharma,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 29.07.2022 in Complaint Case No. 518 of 2922, (Sanjeev Kaushik Vs. Raudas and others) under section 452, 323, 504, 506 IPC, Police Station Anoop Shahar District-Bulandshahar pending in the Additional Chief Judicial Magistrate Anoopshahar District- Bulandshahar.
At the very outset, learned counsel for the applicants has submitted that the applicants relinquish the prayer for quashment and wish to move bail application before the trial court in view of the guidelines / observations given by Hon'ble The Apex Court in the case of Satendra Kumar Antil vs. Central Bureau of Investigation and another reported in ( 2021) 10 SCC 773 .
Learned A.G.A. has no objection.
Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicants appear before the court concerned within four weeks from today and move application for bail, the same shall be considered and disposed of in terms of the guidelines / observations given by Hon'ble The Apex Court in the case of Satendra Kumar Antil vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773.
For a period of four weeks from today, no coercive action shall be taken against the applicants.
It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicants.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 10.1.2023 Arpan
Digitally signed by :- ARPAN High Court of Judicature at Allahabad
1 issue framed by the court
Whether to quash the summoning order or grant time to file a bail application under Satendra Kumar Antil guidelines.
Colour shows how this judgement treated each authority
Satendra Kumar Antil vs. Central Bureau of InvestigationReferred¶7
Satendra Kumar Antil vs. Central Bureau of Investigation and another (2021) 10 SCC 773 · Who else cites this
Raudas and 2 Others
State of U.P.
Umesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
