The court dismissed an application under Section 482 Cr.P.C. to quash summons. Instead, it granted liberty to file a bail application, promising expeditious disposal per the Satender Kumar Antil guidelines.
Prayer for quashing refused; liberty granted to file bail application to be decided expeditiously.
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Neutral Citation No. - 2024:AHC-LKO:29513
Court No. - 15
Case :- APPLICATION U/S 482 No. - 3402 of 2024
Applicant :- Dildar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Arjun Kumar Kaushal Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for petitioners as well as learned Additional Government Advocate for State.
The present 482 Cr.P.C. petition has been filed by the petitioners to quash the summoning order dated 03.11.2023 passed by the learned Special Judge (SC/ST Act), Lucknow in Case No.3241 of 2024 and charge-sheet No.1 dated 04.07.2022 against the petitioner No.1 under Sections 354, 452, 506, 34, 504 IPC, 3(1)(da), 3(1)(dha), 3(2)(va) SC/ST Act and against the petitioner No.2 under Sections 354, 452, 506, 34, 504 IPC, Police Station Maal, Lucknow.
Learned counsel for petitioners, after arguing for some time, submits that present petition may be dismissed as not pressed with liberty to file a bail application which may be decided in view of law laid down by Hon'ble Supreme Court in Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021, to which learned A.G.A. has no objection.
In view of the above, prayer for quashing the impugned proceeding is refused. So far as other prayer is concerned, it is provided that in case the petitioners appear before the trial court within two weeks' from today and bail application is filed, the same shall be decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra).
The petition is disposed of accordingly.
Order Date :- 12.4.2024
prateek
Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether to grant liberty to file a bail application instead of quashing the impugned summons order.
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and anotherReferred¶8
Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021
Dildar And Another
Karunesh Singh Pawar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
