Application under Section 482 Cr.P.C. for quashing proceedings was altered. Court permitted applicant to file a bail application and directed non-cognizance for four weeks.
Applicant permitted to move bail application within four weeks; no coercive action allowed during this period.
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Court No. - 72 Case :- APPLICATION U/S 482 No. - 30130 of 2022 Applicant :- Vinit Kumar Srivastava Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jaysingh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Sharma, J.
Heard learned counsel for the applicant 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 charge-sheet dated 02.01.2022 and cognizance dated 28.06.2022 and well as entire proceeding of Criminal Case No. 6537 of 2022 - (State Versus Vinit Kumar Srivastava) , arising out of Case Crime No. 53 of 2021, under Sections 420, 406, 352, 504, 506 I.P.C at Police Station - Kotwali Lalitpur, District Lalitpur, pending in the Court of Chief Judicial Magistrate, Lalitpur.
At the very outset, learned counsel for the applicant has submitted that the applicant 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 to the prayer so made.
Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicant appears 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 (supra).
For a period of four weeks from today, no coercive action shall be taken against the applicant.
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 applicant.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 6.1.2023 Vinod.
Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad
1 issue framed by the court
Whether to allow the applicant to withdraw the quashing prayer and proceed with a bail application under the guidelines in Satendra Kumar Antil.
Colour shows how this judgement treated each authority
Satendra Kumar Antil vs. Central Bureau of Investigation and anotherFollowed¶5
Satendra Kumar Antil vs. Central Bureau of Investigation and another (2021) 10 SCC 773 · Who else cites this
1 provisions across 1 enactments
Vinit Kumar Srivastava
State of U.P.
Umesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
