Disposed

Smt Prabhawati and 2 Others v. State of U.P. and Another

Allahabad HC29 Nov 2023A482/41486/2023

Case brief

AI extract

What is this about?

The Single Judge in Allahabad High Court disposed of a Section 482 application regarding quashing of criminal proceedings. The applicant withdrew the prayer to quash, opting instead to seek bail. The court agreed to consider the bail plea upon appearance before the lower court within three weeks, citing Satender Kumar Antil.

What did the court decide?

The applicants were directed to appear before the lower court within three weeks to seek bail, which would be considered.

Smt Prabhawati and 2 Others Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:225580

¶2

Court No. - 86

¶3

Case :- APPLICATION U/S 482 No. - 41486 of 2023

¶4

Applicant :- Smt Prabhawati And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Babhru Vahan Singh Counsel for Opposite Party :- G.A.

¶5

Hon'ble Rajiv Gupta,J.

¶6

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

¶7

This application under Section 482 Cr.P.C. has been filed with the prayer to quash the proceedings of Criminal Case No. 584 of 2022 (State Vs. Shiv Chand and others) arising out of Case Crime No. 117 of 2020, under sections 323, 427, 504, 506 IPC including the charge sheet dated 27.06.2020 as well as summoning order dated 18.09.2020, Police Station Raunapar, District Azamgarh pending in the court of learned Judicial Magistrate, Court No. 20 Azamgarh.

¶8

After some arguments, 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 instant application and states that the applicants are ready to appear before the court below and seek their bail and that their release be considered 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 (2022) 10 SCC 51.

¶9

Per contra, learned AGA states that he has no objection to the aforesaid prayer made by learned counsel for the applicants for not pressing the other prayers made in the instant application.

¶10

In view of the above, in case the applicants appear before the court below within three weeks from today and seek bail, their release be considered 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 (2022) 10 SCC 51.

¶11

With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed off.

¶12

Order Date :- 29.11.2023 RPD

¶13

Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad

Smt Prabhawati and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Smt Prabhawati and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sunita Chaurasiya and Another Vs State of U.P. and Another

Raghvendra Dixit Vs State of U.P. and Another

Anuj Kumar Yadav and 2 Others Vs State of U.P. and Another

Subhash Chandra Sharma Vs State of U.P. and Another

Javed and 3 Others Vs State of U.P. and Another

Umesh Tiwari and 2 Others Vs State of U.P. and Another