Applicant moved to quash criminal proceedings but sought alternative relief. Court granted four weeks to file bail application in trial court under Satendra Kumar Antil guidelines, suspending coercive actions during that period.
Four weeks granted to move bail application in trial court; no coercive action during this period.
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Court No. - 72
Case :- APPLICATION U/S 482 No. - 43994 of 2022
Applicant :- Panna Lal And 6 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Kumar Vashistha Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Sharma, J.
Heard learned counsel for the applicants as well as 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 further proceeding of Case No. 15107 of 2021 as well as Charge-sheet dated 04.08.2021 alongwith cognizance order dated 13.12.2021, arising out of Case Crime No. 149 of 2021, under Sections 147, 452, 323, 504, 506 I.P.C against the applicant nos. 1 to 6 and under Sections 147, 452, 354, 354- Kha, 323, 504, 506 I.P.C against the Applicant No. 7, Police Station - Pulua, District - Etah, pending in the Court of Civil Judge, (J.D.) C.A.W./F.T.E. Etah.
At the very outset, learned counsel for the applicants 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 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 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 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 applicant.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 6.2.2023 Vinod.
Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad
2 issues framed by the court
Whether to quash further proceedings of criminal case or grant relief based on guidelines in Satendra Kumar Antil.
Whether bail applications should be moved before trial court within a specified timeframe.
Colour shows how this judgement treated each authority
Satendra Kumar Antil vs. CBIFollowed¶7
Satendra Kumar Antil vs. Central Bureau of Investigation and another (2021) 10 SCC 773. · Who else cites this
1 provisions across 1 enactments
Panna Lal And 6 Others
Umesh Chandra Sharma
As recorded by the court registry
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