Court dismissed quashing application since applicants relinquished prayer for quashment and sought bail instead, directing appearance and bail application within four weeks without coercive action during that period.
No coercive action against applicants for four weeks if they move bail application within that time.
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Court No. - 72
Case :- APPLICATION U/S 482 No. - 40481 of 2022
Applicant :- Smt Somwati And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Satendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Sharma,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceeding of Complaint Case No. 20837 of 2021 (Rajesh Versus Somwati and others) pending in the Court of A.C.J.M. Ist, Firozabad initiated in pursuance of the impugned order dated 08.04.2022 thereby the learned Court below has issued process against the applicants and the applicants have been summoned to face trial for the offence under Sections 427, 323, 504 and 506 IPC at Police StationNarkhi, District- Firozabad.
At the very outset, learned counsel for the applicants has submitted that the applicants 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.
Learned A.G.A. has no objection.
Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicants appear 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).
For a period of four weeks from today, no coercive action shall be taken against the applicants.
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 applicants.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 23.1.2023 A. Sharma
Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether an application under Section 482 Cr.P.C. for quashing criminal proceedings should be decided considering the petitioner's desire to seek bail under Supreme Court guidelines in Satendra Kumar A
Colour shows how this judgement treated each authority
Satendra Kumar Antil vs. Central Bureau of InvestigationReferred¶7
Satendra Kumar Antil vs. Central Bureau of Investigation and another reported in ( 2021) 10 SCC 773. · Who else cites this
1 provisions across 1 enactments
Smt Somwati And 3 Others
Umesh Chandra Sharma
As recorded by the court registry
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