The High Court allowed the applicant to abandon the quashing prayer and seek bail or discharge instead. Coercive action was stayed for four weeks to facilitate the new application.
Stayed coercive action for four weeks to allow applicants to move bail and discharge applications.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 72
Case :- APPLICATION U/S 482 No. - 42969 of 2022
Applicant :- Suresh Bahadur Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satya Prakash Mishra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Sharma,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Criminal Case No.315 of 2019 (State Vs. Suresh Bahadur Singh and another) alongwith police report/charge sheet dated 03.01.2019 pending before the Additional Judicial Magistrate, Saidpur, Ghazipur as well as summoning order dated 04.10.2022 and other consequential order passed by Additional Judicial Magistrate, Saidpur, Ghazipur in Case No.74 of 2018 (State through Anil Kumar Singh Vs. Suresh Bahadur Singh and others) on 02.08.2018.
At the very outset, learned counsel for the applicants 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 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 Apex Court in 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.
However, it also provided that if the applicants move an application for discharge at the appropriate stage before the competent court, the same shall be considered and decided in accordance with law.
Order Date :- 23.2.2023 Shahroz
Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad
3 issues framed by the court
Whether to allow the applicant to shift prayers from quashing proceedings to seeking bail/a discharge.
Whether to grant a stay on coercive action while bail/discharge proceedings are instituted.
Whether to dispose of the pending Section 482 application subject to compliance with the observation on bail.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. Central Bureau of Investigation and anotherReferred¶7
Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 · Who else cites this
1 provisions across 1 enactments
Suresh Bahadur Singh And Another
State of U.P.
Umesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
