The applicant filed an application under Section 482 Cr.P.C. to quash charges. The applicant withdrew the prayers to quash and instead sought bail. The court directed the applicants to surrender and file a bail application, with the matter disposed of without deciding the quash petition.
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Court No. - 65 Case :- APPLICATION U/S 482 No. - 42130 of 2022 Applicant :- Rampal Yadav And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satish Kumar Shukla,Ram Lal Mishra
Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge-sheet dated 21.12.2021 and cognizance order dated 24.01.2022 as well as entire proceedings of Case No. 98 of 2022 (State Vs. Anil Yadav and Others), arising out of Case Crime No. 346 of 2021, under Sections 452, 147, 148, 323, 504, 506 IPC, Police Station Ghatampur, District Kanpur Dehat, pending in the court of Judicial Magistrate, Kanpur Dehat.
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 application and states that the applicants are ready to surrender before the court below and seek their bail and that their bail application be considered and disposed off 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 (2021) 10 SCC 773.
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.
In view of the above, in case the applicants appear/ surrender before the court below within three weeks from today and apply for bail, their bail application be considered and disposed off 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 (2021) 10 SCC 773, after hearing the parties.
With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed off.
Order Date :- 28.1.2023/Nadim
Digitally signed by :- NADIM ALAM High Court of Judicature at Allahabad
1 issue framed by the court
Whether the application to quash proceedings and cognizance under Sections 482 Cr.P.C. can be disposed of upon withdrawal of prayers in lieu of bail.
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Satender Kumar Antil Vs. Central Bureau of Investigation and anotherFollowed¶7
(2021) 10 SCC 773 · Who else cites this
1 provisions across 1 enactments
Rampal Yadav And 5 Others
State of U.P.
Nadim Alam
As recorded by the court registry
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