The court disposed of an application under Section 482 Cr.P.C., declining to quash proceedings. Instead, it directed the lower court to decide and dispose of the applicants' bail application expeditiously, relying on Satender Kumar Antil.
The court directed the lower court to hear and dispose of the bail application expeditiously.
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Court No. - 68
Case :- APPLICATION U/S 482 No. - 42935 of 2022
Applicant :- Amrit @ Kulhadi And Another Opposite Party :- State Of U.P And Another Counsel for Applicant :- Jai Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.
This application under Section 482 Cr.P.C. has been filed by applicants to quash the entire proceedings including summoning order dated 21.06.2022, Non-bailable Warrant dated 01.10.2022 and proceedings of 82 Cr.P.C. dated 09.11.2022 in S.T. No. 382 of 2022, arising out of Complaint Case No. 08 of 2017 (Lachhaman Prasad Vs. Deepak @ Takala and Others), under Sections 363, 366, 120B of IPC,, P.S. Halia, District Mirzapur, pending before the Court of Additional Sessions Judge, Mirzapur/ Special Judge POCSO Act, Mirzapur.
During arguments, learned counsel for the applicants has submitted that he does not want to press the prayer for quashing of the above mentioned case. His sole prayer is that a direction may be issued to the court below to decide the bail application of the applicants in view of the judgment in the case Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.
Considering the facts and circumstances of the case, the present application is disposed of with the direction that in case the applicants filed bail application before the court below, the same shall be heard and disposed of expeditiously by the court below in view of the settled law laid by this Court in the case of Satender Kumar Antil (Supra).
With the above observations, this application u/s 482 is disposed of finally.
Order Date :- 4.1.2023 Neetu
Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant under Section 482 Cr.P.C. is entitled to a direction for expeditious disposal of a bail application.
Colour shows how this judgement treated each authority
Satender Kumar Antil vs. Central Bureau of Investigation and anotherFollowed¶7
Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922 · Who else cites this
1 provisions across 1 enactments
Amrit @ Kulhadi
Another
State Of U.P
Another
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
