The High Court disposed of an application under Section 482 Cr.P.C. seeking quashment of a previous order. The court directed the applicant to move a bail application within four weeks relying on Supreme Court guidelines.
Application disposed; applicant directed to move bail within four weeks; no coercive action pending.
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Court No. - 72
Case :- APPLICATION U/S 482 No. - 4358 of 2023
Applicant :- Jharkhandey Rai Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sitaram Yadav Counsel for Opposite Party :- G.A.,Chetan Chatterjee
Hon'ble Umesh Chandra Sharma, J.
Heard learned counsel for the applicant, Sri Chetan Chatterjee, learned counsel for opposite party no. 2, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the order dated 18.07.2022 passed in Special Case No. 10 of 2017 - (State Vs. Jharkhendey Rai) being Case Crime No. 96 of 2016, under Section 138 (B), Electricity Act, Police Station Bilariaganj, District Azamgarh, pending in the Court of Special Judge (E.C.Act), Azamgarh.
At the very outset, learned counsel for the applicant has submitted that the applicant relinquish the prayer for quashment and wish to move bail application before the trial court in view of the guidelines / observations given by Hon'ble The Apex Court in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773.
Learned A.G.A. has no objection.
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 The Apex Court in the case of Satendra Kumar Antil (supra).
For a period of four weeks 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 :- 22.2.2023 Vinod.
Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad
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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
Jharkhandey Rai
State of U.P.
Umesh Chandra Sharma
As recorded by the court registry
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