The court refused to quash the FIR and proceedings in quashing u/s 482 CrPC application but granted liberty for a bail application to be heard expeditiously.
Quashing of proceedings refused; liberty granted to apply for bail within three weeks for expedited decision.
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Court No. - 58
Case :- APPLICATION U/S 482 No. - 43059 of 2022
Applicant :- Pradeep Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sharad Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State.
The present 482 application has been filed to quash the entire proceeding of court below of Case No. 7429/2018 (State Versus Pradeep Singh and others) in Case Crime No. 147 of 2017 under Sections 452, 323, 504, 506 I.P.C. Police Station Lalauli, District Fatehpur pending before the court of Civil Judge (S.D./Fast Track Court Fatehpur alongwith the charge-sheet dated 03.05.2017 filed in the aforesaid case and cognizance and summoning order dated 28.05.2018 and order of non bailable warrant dated 16.11.2022 passed by court below.
Learned counsel for the applicant, after arguing for some time, submits that present application may be dismissed as not pressed with liberty to file a bail application which may be decided in view of law laid down by Supreme Court in "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri) No. 5191 of 2021" to which learned A.G.A. has no objection.
In view of the above, prayer for quashing the impugned proceeding is refused. So far as other prayer is concerned, it is provided that in case the applicant appears before the trial court within three weeks from today and apply for bail, the same shall be decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra).
The application is disposed of accordingly.
Order Date :- 20.1.2023
Rajesh
Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and anotherApplied¶7
Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri) No. 5191 of 2021
Pradeep Singh and 3 Others
Vivek Kumar Singh
As recorded by the court registry
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