This criminal revision against a summons order under Section 319 Cr.P.C. is disposed of by directing the lower court to decide the bail application within three weeks without coercive action, citing Section 319 Cr.P.C. and Satender Kumar Antil.
Directions to lower court to decide bail within three weeks without coercive action.
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Neutral Citation No. - 2023:AHC:195711
Court No. - 79
Case :- CRIMINAL REVISION No. - 3609 of 2023 Revisionist :- Abhishek Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Vijay Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Heard Ms. Vinita, learned Advocate holding brief of Sri Vijay Kumar Pandey, learned counsel for the revisionist, learned A.G.A. for the State and perused the record.
This criminal revision has been filed by the revisionist against the judgment and order dated 12.04.2023, passed byAdditional Chief Judicial Magistrate, Court No. 5, Meerut, in Case No. 413 of 2020 (State vs. Rajveer and others), arising out of Case Crime No. 121 of 2019, under Sections 323, 504, 506, 427 I.P.C., Police Station Mawana, District Meerut by which the application filed by opposite party no. 2 under Section 319 Cr.P.C. was allowed and the revisionist was summoned to face trial.
The contention of counsel for the revisionist is that no offence against the revisionist is disclosed and the application under Section 319 Cr.P.C. was filed with a malafide intention for the purposes of harassment.
After arguing the case for quite some time at length, learned counsel for the revisionist submits that the purpose of revisionist would suffice, if a direction may be given to the courts below to decide the bail application within specific time frame.
However, it is directed, that in case revisionist appear and surrender before the court below within a period of three weeks from today and apply for bail the court below shall consider and decide the bail prayer of revisionist expeditiously in accordance with law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation & Anr. reported in (2021) 10 SCC 773 .
For the period of three weeks, no coercive action shall be taken against the revisionist in the aforesaid case.
With the above directions, present criminal revision is disposed off.
Order Date :- 11.10.2023/sailesh
Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad
2 issues framed by the court
Whether Section 319 Cr.P.C. application was filed with mala fide intention for harassment.
Whether bail application should be disposed of within a specific timeframe.
Colour shows how this judgement treated each authority
Satender Kumar Antil vs. Central Bureau of Investigation & Anr.Referred¶9
Satender Kumar Antil vs. Central Bureau of Investigation & Anr. reported in (2021) 10 SCC 773 · Who else cites this
1 provisions across 1 enactments
State of U.P.
Vipin Chandra Dixit
As recorded by the court registry
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