This is an application under S. 482 Cr.P.C. praying to quash summoning order. The court held that if applicants surrender and apply for bail within three weeks, their bail will be decided per Satender Kumar Antil.
Court directed applicants to surrender and apply for bail within three weeks; bail application to be disposed of thereafter.
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Court No. - 65 Case :- APPLICATION U/S 482 No. - 31032 of 2022 Applicant :- Ashok Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
This application u/s 482 Cr.P.C. has been filed by the applicants with the prayer to quash the cognizance order/summoning order dt. 4.1.2022 in criminal case no. 29 of 2022, State Vs. Ashok Kumar and others, arising out of case crime no. 0411 of 2016, under section 447 I.P.C. and 2/3 of Prevention of Public Property Damages Act. 1984 P.S. Banda, District Shahjahanpur, pending in the court of Civil Judge (Junior Division), Powayan, Shahjahanpur.
Learned counsel for the applicants has made a statement at the bar, on instructions, that he does not want to press other prayers made in the application and states that the applicants are ready to surrender before the court below and seek their bail and that their bail application be considered and disposed of in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773.
Per contra, learned A.G.A. has submitted that he has no objection.
In view of the above, in case the applicants appear/surrender before the court below within three weeks from today and apply for bail, their bail application be considered and disposed of in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773.
With the aforesaid observations, this application filed u/s 482 Cr.P.C. is finally disposed of.
Order Date :- 16.1.2023/R
Digitally signed by :- RAM ASARE MORYA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the impugned cognizance/summoning order should be quashed.
Whether the applicants bail application should be considered if they surrender.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of InvestigationReferred¶4
(2021) 10 SCC 773 · Who else cites this
3 provisions across 3 enactments
Ashok Kumar and 2 Others
State of U.P.
Rajiv Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
