Disposed

Netrapal and 2 Others v. State of U.P.and Another

Allahabad HC9 Jan 2023A482/3679/2022

Case brief

AI extract

What is this about?

The High Court considered an application under Section 482 Cr.P.C. to quash a summoning order. The applicant shifted the prayer to seek bail under recent Apex Court guidelines. The court directed the applicant to file a bail application within four weeks, stayed coercive action during this period, and disposed of the quashing application.

What did the court decide?

The application to quash was disposed of; the applicant must move a bail application within four weeks with a stay on coercive action.

Netrapal and 2 Others Vs State of U.P.and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 3679 of 2022

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Applicant :- Netrapal And 2 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Vijay Kumar Dwivedi Counsel for Opposite Party :- G.A.,Ganga Bhushan Mishra

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Hon'ble Umesh Chandra Sharma, J.

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Heard learned counsel for the applicant, as well as learned A.G.A. for the State and perused

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the record.

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None is present on behalf of opposite party no. 2.

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The case is taken up on the request of learned counsel the applicant in the list of mentioned cases.

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Learned counsel for the applicant stated that he has ranged up the learned counsel for opposite party no. 2, but he did not pickup the phone.

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No counter affidavit has been filed by opposite party no. 2 till now.

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This application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 25.11.2021, passed by the Court of Judicial Magistrate, Atrouli Aligarh in complaint case no. 563 of 2021 (Anita @ Bena Vs. Netrapal & Ors.), under Sections 452, 354, 323, 504, 506 I.P.C, Police Station Palimukimpur, District Aligarh, which is pending in the Court of Judicial Magistrate, Atrouli Aligarh and the entire proceeding to the said criminal complaint case.

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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.

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Learned A.G.A. has no objection.

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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).

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For a period of four weeks from today, no coercive action shall be taken against the applicant.

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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.

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With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.

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Order Date :- 9.1.2023.

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Vinod.

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Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad

Netrapal and 2 Others v. State of U.P.and Another

Case brief

What is this about?

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Netrapal and 2 Others v. State of U.P.and Another

Case brief

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