The Court disposed of an application under Section 482 Cr.P.C. by allowing the applicants to move a bail application within four weeks, referencing Supreme Court guidelines. No coercive action was taken during this period.
Directed applicants to move bail application within four weeks; no coercive action to be taken during this period.
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Court No. - 72
Case :- APPLICATION U/S 482 No. - 41901 of 2022
Applicant :- Khajan Singh And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Viveka Nand Rai 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 impugned Chargesheet dated 07.09.2019 in Charge-Sheet No. 291 of 2018 - (State Vs. Vishnu & Ors.) arising out of Case Crime No. 812 of 2018, Under Sections 323, 452, 336, 506, 504 I.P.C, Police Station Achhanera, District Agra, as well as cognizance order / summoning order dated 10.10.2019 passed by A.C.J.M., Court No. 2, Agra.
Learned counsel for the applicant pointed out the contradiction between the F.I.R The statement the occurrence happened on the way to Achhanera, how the accused person could have caused the offence entering into the house of opposite party no. 2.
Learned A.G.A pointed out the injury report and other evidence. There are injury on the person of Smt. Vimla Devi. There is one lacerated wound and two radish contution.
At the very outset, learned counsel for the applicants 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 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 :- 13.2.2023 Vinod.
Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the application under Section 482 Cr.P.C. for quashing can be disposed of by directing the applicants to move a bail application within four weeks.
Colour shows how this judgement treated each authority
Satendra Kumar Antil vs. Central Bureau of Investigation and anotherReferred¶9,11
Satendra Kumar Antil vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773. · Who else cites this
2 provisions across 2 enactments
Khajan Singh And 3 Others
Umesh Chandra Sharma
As recorded by the court registry
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