In this Section 482 Cr.P.C. application seeking quashing of charge-sheet and summoning order, the Court dismissed the prayer for quashing but allowed liberty to file a bail application to be decided expeditiously.
Prayer for quashing refused; liberty granted to file bail application within two weeks.
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Neutral Citation No. - 2024:AHC-LKO:31609
Court No. - 15
Case :- APPLICATION U/S 482 No. - 3707 of 2024 Applicant :- Ram Samujh Jaiswal And Anr. Opposite Party :- State Of U.P. Thru Prin.Secy. Home Lko And Anr. Counsel for Applicant :- Girish Chandra Sinha 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 impugned charge-sheet No.12 of 2012 filed under Sections 409, 419, 420, 120B IPC, arising out of FIR No.70 of 2011 registered at Police Station Kohdaur, Pratapgarh as well as summoning order passed by the learned Chief Judicial Magistrate, Pratapgarh dated 13.07.2012.
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 :- 23.4.2024 prateek
Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the application under Section 482 Cr.P.C. praying for quashing of proceedings may be dismissed with liberty to file a bail application.
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and anotherReferred¶7
Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021
Ram Samujh Jaiswal And Anr.
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
