The High Court refused the applicant's plea to quash criminal proceedings, dismissing the application but granting liberty to file a bail application which would be decided expeditiously.
Prayer for quashing refused; liberty granted to apply for bail within two weeks for expeditious disposal.
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Neutral Citation No. - 2024:AHC-LKO:38208
Court No. - 15
Case :- APPLICATION U/S 482 No. - 4590 of 2024 Applicant :- Kuttu Yadav And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Raj Narain 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 to quash the impugned charge sheet dated 11/09/2021, cognizance order dated 07/10/2022 whereby applicants have been summoned, annexed as Annexure No. 1 & 2 and consequent criminal proceedings drawn against the Applicants in criminal case styled as State Vs. Raj Kumar Gupta and others U/s 147, 352, 448, 420, 427, 506 of the Indian Penal Code, 1860 (Arising out of crime No. 398 of 2020, lodged at P.S- Jankipuram, DistrictLucknow) pending in the Court of Learned Additional Chief Judicial Magistrate V, Court No. 29, 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 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 namely Kuttu Yadav and Ajay Yadav appear before the trial court within two weeks from today and apply for bail, 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 :- 21.5.2024 R.C.
Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether application under Section 482 Cr.P.C. for quashing criminal proceedings should be disposed of by dismissal with liberty to file bail application.
Whether the prayer to quash the charge sheet and cognizance order requires adjudication on merits or can be disposed of with liberty to apply for bail.
Colour shows how this judgement treated each authority
Satender Kumar Antil v. C.B.I.Referred¶7
Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri) No.5191 of 2021
1 provisions across 1 enactments
Kuttu Yadav
Another
State Of U.P.
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
