Single judge disposed of Section 482 CrPC application where applicant withdrew quashing prayer, directing lower court to decide pending bail application expeditiously in light of Supreme Court law.
Direction to lower court to decide bail application expeditiously.
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Court No. - 68
Case :- APPLICATION U/S 482 No. - 38802 of 2022
Applicant :- Smt Javitri Devi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anuj Bajpai,Vikas Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.
This application under Section 482 Cr.P.C. has been filed by applicants to quash the entire criminal proceeding as well as summoning order dated 21.1.2021 in Case No. 040 of 2021 arising out of impugned charge sheet pending in the court of learned Judicial Magistrate, Bisalpur, Pilibhit in Case Crime no. 402 of 2020, under sections 406, IPC and 3/4 D.P. Act, P.S. Bisalpur, District Pilibhit.
During arguments, learned counsel for the applicants has submitted that he does not want to press the prayer for quashing of the above mentioned case. His sole prayer is that a direction may be issued to the court below to decide the bail application of the applicants in view of the judgment in the case Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.
Considering the facts and circumstances of the case, the present application is disposed of with the direction that in case the applicants filed bail application before the court below, the same shall be heard and disposed of expeditiously by the court below in view of the settled law laid by this Court in the case of Satender Kumar Antil (Supra).
With the above observations, this application u/s 482 is disposed of finally.
Order Date :- 1.2.2023 A.
Digitally signed by :- AFAQ AHMAD High Court of Judicature at Allahabad
2 issues framed by the court
Whether direction to decide bail application expeditiously should be issued in lieu of quashing prayer.
Whether applicants are entitled to a direction for expeditious disposal of bail application citing settled law.
Colour shows how this judgement treated each authority
Satender Kumar Antil vs. Central Bureau of Investigation and anotherReferred¶7
Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922 · Who else cites this
1 provisions across 1 enactments
Smt Javitri Devi
Others
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
