Application under Section 482 Cr.P.C. to quash summoning order dismissed. Court directed applicants to move for bail before lower court within three weeks, relying on Satender Kumar Antil.
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Court No. - 65
Case :- APPLICATION U/S 482 No. - 38017 of 2022
Applicant :- Lal Singh @ Mahendra Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Rathore,Sanjeev Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the summoning order dated 24.8.2022 passed Special Judge (POCSO Act)/Addl. Sessions Judge, Kannauj as well as further proceedings of S.T. No. 800 of 2022 (State vs. Bhanu and others) arising out Case Crime No. 574 of 2018, under Sections 363, 366, 342, 376D IPC and 3/4 of POCSO Act, P.S. Saurikh, District- Kannauj.
After some argument, 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 AGA has opposed for expeditious disposal of bail application of the applicants.
In view of the above, in case the applicants appear 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 after hearing the parties.
With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 17.1.2023 KU
Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad
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Satender Kumar Antil Vs. Central Bureau of Investigation and anotherRelied on¶8
Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773 · Who else cites this
Lal Singh @ Mahendra Singh
State of U.P.
Rajiv Gupta
Kalim Uddin Siddiqui
As recorded by the court registry
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