The High Court disposed of an application under Section 482 Cr.P.C. seeking to quash criminal proceedings. The applicant withdrew the quash prayer and agreed to surrender and seek bail. The court remitted the bail application to the lower court.
Remitted to the court below for consideration of bail application after hearing parties.
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Court No. - 65
Case :- APPLICATION U/S 482 No. - 39299 of 2022
Applicant :- Nijakat And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devendra Pratap Yadav 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 charge sheet dated 20.4.2022 as well as the entire criminal proceedings of Case No. 495 of 2022 (State vs. Nijakat and others), under Sections 323, 324, 308 IPC, P.S. Dhanari, District- Sambhal, pending in the court of Judicial Magistrate, Sambhal.
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 no objection to the aforesaid prayer made by the counsel for 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 :- 24.1.2023 KU
Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad
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 reported in (2021) 10 SCC 773 · Who else cites this
Criminal Procedure CodeApplied¶6
Section 482 Cr.P.C.
Nijakat
State of U.P.
Rajiv Gupta
As recorded by the court registry
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