Single-judge order disposing of an application under Section 482 Cr.P.C. to quash charge sheets. The court refused to quash the proceedings but, with liberty, directed that bail be decided expeditiously upon application.
Quashing of charge sheets refused. Liberty granted to apply for bail, to be disposed expeditiously.
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Court No. - 58
Case :- APPLICATION U/S 482 No. - 43187 of 2022
Applicant :- Irshad And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Maohammd Nadeem Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for applicants as well as learned Additional Government Advocate for State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 22.03.2022 submitted in case crime No. 5503 of 2022, u/s 147, 148, 324, 323, 504, 506, 308 I.P.C. arising out of Case Crime No. 1007 of 2021 pending in the Court of Chief Judicial Magistrate, Kannauj.
Learned counsel for applicants, after arguing for some time, submits that present petition 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 applicants appear 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 Jaswant
Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad
Irshad And 6 Others
State of U.P. and Another
Vivek Kumar Singh
As recorded by the court registry
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