The High Court dismissed the quashing application under Section 482 Cr.P.C. directed the applicant to file a bail application within four weeks citing Satendra Kumar Antil guidelines, and stayed coercive actions for 30 days.
Quashing application dismissed; applicant directed to file bail application within four weeks; coercive action stayed for 30 days.
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Court No. - 72
Case :- APPLICATION U/S 482 No. - 42396 of 2022
Applicant :- Jag Lal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Sharma,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Case No.4027 of 2021 (State Vs. Mohan and another) arising out of Case Crime No.261 of 2018, under Sections 323, 504 IPC and section 3(1)Da, Dha SC/ST Act, Police Station Gulariha, District Gorakhpur as well as charge sheet no.250 of 2018 dated 6.6.2018, pending before the Additional District Judge (SC/ST) Act, Gorakhpur.
At the very outset, learned counsel for the applicant has submitted that he relinquishes the prayer for quashment and wishes to move bail application before the trial court in view of the guidelines/observations given by Hon'ble Apex Court in Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.
Learned AGA has no objection to the prayer so made.
Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicant appears 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 Apex Court in Satendra Kumar Antil (supra).
For a period of 30 days from today, no coercive action shall be taken against the applicant.
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 applicant.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 2.2.2023 SFH
Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad
2 issues framed by the court
Whether to quash criminal proceedings under Sections 323, 504 IPC and SC/ST Act or grant bail relief under Satendra Kumar Antil guidelines.
Whether the applicant should waive quashing and seek bail instead.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. Central Bureau of Investigation and anotherExplained¶7
Satendra Kumar AntilVs. Central Bureau of Investigation and another, (2021) 10 SCC 773 · Who else cites this
1 provisions across 1 enactments
Jag Lal
State of U.P.
Umesh Chandra Sharma
Syed Fahim Husain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
