In a Section 482 Cr.P.C. application to quash a cognizance order and charge sheet, the applicants withdrew the petition. The court dismissed the application but granted liberty to file a bail application and directed no coercive action for 15 days.
No coercive action for 15 days; liberty to file bail application before the court below.
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Court No. - 51
Case :- APPLICATION U/S 482 No. - 5081 of 2023
Applicant :- Kripa Shankar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shitala Sahay Srivastav,Dinesh Kumar Patel
Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
Heard learned counsel for the applicants and learned AGA for the State.
This application under Section 482 Cr.P.C. has been filed by applicants for quashing the Cognizance order dated 19.10.2022 passed by Judicial Magistrate-I, Court No. 17, Jaunpur in Case No. 1265 of 2022 (State Versus Shivkumar Pandey and others) as well as impugned charge sheet No. 51/2022 dated 01.05.2022 having Case Crime No. 237/2021, under Sections 323, 325, 427, 452, 504, 506 I.P.C., Police Station- Sujanganj, District Jaunpur pending before Judicial Magistrate-I, Court No. 17, Jaunpur.
After some argument, learned counsel for the applicants states that he may be permitted to withdraw this application filed under Section 482 Cr.P.C. with liberty to file bail application before the court below.
Learned AGA has no objection to the prayer made by learned counsel for the applicants.
Under the circumstances, the present application under Section 482 Cr.P.C. is dismissed as withdrawn with liberty to applicants to approach the court concerned for bail. In order to enable the applicants to approach the court concerned for bail, for a period of 15 days, no coercive action shall be taken against the applicants. In case, the bail application is preferred by the applicants before the court concerned, the court concerned shall decide the same expeditiously without granting unnecessary adjournment to any party. While considering the bail application of the applicants, the court below shall keep in mind the principles of law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.
The application under Section 482 Cr.P.C. is dismissed as
withdrawn with the aforesaid liberty and direction. Order Date :- 21.2.2023 Imtiyaz
Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad
2 issues framed by the court
Whether to quash the cognizance order and charge sheet.
Whether to grant relief from coercive action pending bail consideration.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherReferred¶10
Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 · Who else cites this
1 provisions across 1 enactments
Kripa Shankar And 2 Others
State of U.P. and Another
Vikram D. Chauhan
Imtiyaz Ahmad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
