Court disposed of Section 482 CrPC application seeking quashment of criminal proceedings. Court directed trial court to decide bail application if applicants appeared within 15 days.
Direction to trial court to decide bail application within 15 days of appearance.
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Court No. - 71
Case :- APPLICATION U/S 482 No. - 41148 of 2022
Applicant :- Sudha Devi And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Badan Maurya Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicants and learned A.G.A. for the State-respondent.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the Charge-sheet No.320/2018, dated 18.10.2018, cognizance order dated 30.03.2019 as well as entire proceedings of Case No.1864/2020 (State Versus Sudha and others) arising out of Case Crime No.106/2018, under Sections 420, 467, 468, 471 I.P.C., Police Station Ghiror, District Mainpuri, pending in the Court of learned Judicial Magistrate-I, Manipuri.
In the Court, learned counsel for the applicants only argued that some relaxation may be given to the applicant as they wants to surrender before the trial court.
The application is, therefore, disposed of with the direction to the trial court that if the applicants appear before the trial court within 15 days from today and move an application for bail before the trial court, the same shall be decided as soon as possible in view of law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 and Brahm Singh and others Vs. State of U.P. and others, 2016 (95) ACC 950.
Order Date :- 4.1.2023 Radhika
Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether to grant relaxation to applicants desirous of surrender before the trial court.
Whether to quash the charge-sheet, cognizance order, and entire criminal proceedings.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherReferred¶8
Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 · Who else cites this
Brahm Singh and others Vs. State of U.P. and othersReferred¶8
Brahm Singh and others Vs. State of U.P. and others, 2016 (95) ACC 950
Sudha Devi And 4 Others
State of U.P.
Sadhna Rani (Thakur)
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
