Pankaj Singh Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

Pankaj Singh Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant permitted to appear before the court concerned within four weeks and move a bail application, which shall be considered and disposed of in terms of the guidelines/observations in Satendra Kumar Antil (2021) 10 SCC 773; no coercive action against the applicant for four weeks; order of no avail if no bail application is moved within the prescribed time; quashing prayer relinquished and application finally disposed of.

Issue for consideration

Whether the entire proceedings in Complaint Case No. 7394 of 2022 and the impugned summoning order dated 22.11.2022 passed by the Chief Judicial Magistrate, Mirzapur should be quashed under Section 482 Cr.P.C. +1 more

Ratio / Principle

If the applicant appears before the court concerned within four weeks and moves an application for bail, the same shall be considered and disposed of in terms of the guidelines/observations given by the Apex Court in Satendra Kumar Antil (2021) 10 SCC 773.

Key takeaways

For a period of four weeks, no coercive action shall be taken against the applicant.ratio¶10
If no bail application is moved within the prescribed time of four weeks, this order will be of no avail to the applicant.ratio¶11
With the above directions, the instant application under Section 482 Cr.P.C. is finally disposed of (quashing prayer having been relinquished by the applicant).ratio

Detailed headnote1 paragraphs

Allahabad High Court (Umesh Chandra Sharma, J.), APPLICATION U/S 482 No. 40984 of 2022, decided 3.1.2023: Application under Section 482 Cr.P.C. for quashing of the entire proceedings and the summoning order dated 22.11.2022 passed by the Chief Judicial Magistrate, Mirzapur in Complaint Case No. 7394 of 2022 (State Vs. Pankaj Singh) under Section 4/21 of the Mines and Mineral (Development & Regulation) Act, 1957 and Sections 3, 58, 72 of the U.P. Sub Mineral (Transportation) Rule, 2021, P.S. Adalhat, District Mirzapur. At the outset, counsel for the applicant relinquished the prayer for quashment and sought liberty to move a bail application before the trial court in view of the guidelines/observations of the Apex Court in Satendra Kumar Antil Vs. CBI, (2021) 10 SCC 773; the A.G.A. had no objection. Held: if the applicant appears before the court concerned within four weeks and moves a bail application, it shall be considered and disposed of in terms of Satendra Kumar Antil; for four weeks no coercive action shall be taken against the applicant; if no such application is moved within the prescribed time, the order shall be of no avail. Application finally disposed of.

Court No. - 72

Case :- APPLICATION U/S 482 No. - 40984 of 2022

Applicant :- Pankaj Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kant Shukla Counsel for Opposite Party :- G.A.

Hon'ble Umesh Chandra Sharma, J.

Heard learned counsel for the applicant 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 proceedings, impugned summoning order dated 22.11.2022 passed by learned Chief Judicial Magistrate, Mirzapur in Complaint Case No. 7394 of 2022 (State Vs. Pankaj Singh under Section 4/21 of Mines and Mineral (Development & Regulation) Act, 1957 and under Sections 3, 58, 72 off U.P. Sub Mineral (Transportation) Rule, 2021, Police Station Adalhat, District Mirzapur.

At the very outset, learned counsel for the applicant has submitted that the applicant 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 applicant appears 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 applicant.

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 applicant.

With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.

Order Date :- 3.1.2023 Vinod.

Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad