Court disposed of an application under Section 482 CrPC seeking quashing of proceedings, instead directing the applicant to surrender and file a bail application within two weeks, ensuring no coercive action for three weeks.
Direction to surrender and file bail application within two weeks; no coercive action for three weeks.
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Neutral Citation No. - 2024:AHC-LKO:12395
Court No. - 29
Case :- APPLICATION U/S 482 No. - 1249 of 2024
Applicant :- Pannelal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Dileep Kumar Tiwari,Md.Khurshed Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Arun Kumar Singh Deshwal,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application has been filed seeking quashing of the entire proceeding of Criminal Case No. 8000 of 2023 ( State vs. Pannelal ), arising out of Case Crime No. 191 of 2023, u/s 2/3 Public Property Damage Act, P.S. Lambhua, District Sultanpur, including the charge sheet dated 24.6.2023.
At the very outset, learned counsel for the applicant submits that he does not want to press the prayer for quashing the impugned proceeding and the applicant wants to surrender and apply for bail if suitable direction is issued for expeditious disposal of his bail application.
Considering the aforesaid submission, the present application is disposed of with a direction that if the applicant surrenders and moves application for bail before the court below within a period of two weeks from today, then his bail application shall be considered in view of the law laid down in Satendra Kumar Antil vs. Central Bureau of Investigation and Another, (2021) 10 SCC 773 .
For a period of three weeks or till disposal of the bail application, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case.
Order Date :- 12.2.2024 Vandana
Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether bail shall be directed if the applicant surrenders and moves the bail application before the court below.
Colour shows how this judgement treated each authority
Satendra Kumar Antil vs. Central Bureau of Investigation and AnotherReferred¶9
Satendra Kumar Antil vs. Central Bureau of Investigation and Another, (2021) 10 SCC 773 · Who else cites this
2 provisions across 2 enactments
Pannelal
Arun Kumar Singh Deshwal
As recorded by the court registry
2 orders share this CNR
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