The Court conditionally disposed of a quashing application under Section 482 Cr.P.C., observing that if the applicant surrenders to the trial court within three weeks and applies for bail, the matter would be disposed of in light of Satender Kumar Antil jurisprudence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 65 Case :- APPLICATION U/S 482 No. - 39408 of 2022 Applicant :- Obaidurrahman Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the summoning order dt. 14.10.2022 as well as entire criminal proceeding of case no. 9637 of 2022, arising out of complaint case No. 917 of 2022, State Vs. Obaidurrahman, under Rule 3/57/70 of U.P. Miner Minerals ( Concession) Rules, 1963 and section 4/21 of the Mines and Minerals ( Development and Regulation) Act 1957, P.S. Collectorate, Police Chauki, District Maharajganj pending in the court of C.J.M, Maharajganj.
Learned counsel for the applicant 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 applicant is ready to surrender before the court below and seek his bail and that his bail application be considered and disposed of in view 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 applicant appears/surrender before the court below within three weeks from today and applies for bail, his 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 :- 13.1.2023 R
Digitally signed by :- RAM ASARE MORYA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant's prayer to quash the summoning order and criminal proceedings can be conditionally disposed upon surrender and bail application.
Whether the applicant is required to surrender before the trial court within three weeks to obtain bail consideration.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773Referred¶6
Obaidurrahman
State of U.P.
Rajiv Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
