The single judge dismissed an application seeking quashing of charge-sheet and proceedings. The court directed the trial court to consider a bail application filed by the applicants if they appear within four weeks, citing relevant precedents.
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Court No. - 71
Case :- APPLICATION U/S 482 No. - 42123 of 2022
Applicant :- Prem Chandra Alias Santosh Kumar Yadav And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Pratap Yadav 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.01/22 dated 27.08.2022, cognizance order dated 22.09.2022 and the entire proceedings of Case No.18089/2022, State Vs. Pavan Kumar and others, arising out of Case Crime No.380 of 2022, under Sections 323, 504, 506, 325, 308 I.P.C., Police Station Khalilabad, District Sant Kabir Nagar, pending in the court of Chief Judicial Magistrate, Sant Kabir Nagar.
In the Court, learned counsel for the applicants only submitted that some direction be issued to the court concerned regarding bail as the applicants want 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 four weeks 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 :- 28.1.2023 Radhika
Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad
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
Prem Chandra Alias Santosh Kumar Yadav and 3 Others
State of U.P.
Sadhna Rani (Thakur)
As recorded by the court registry
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