Arjun Singh @ Guddu Baba and Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2024) — LawSathi Research

Arjun Singh @ Guddu Baba and Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petition finally disposed of: prayer for quashing refused (not pressed); petitioners granted liberty to appear before the trial court within two weeks and apply for bail, to be decided expeditiously in view of Satender Kumar Antil (supra), and to move a discharge application within fifteen days, to be decided expeditiously, preferably within two months, in accordance with law.

Issue for consideration

Whether the entire proceedings of Case No.7481 of 2023, arising out of Case Crime No.358 of 2021, including the summoning order dated 23.05.2023, ought to be quashed. +1 more

Court's answer

Prayer for quashing the impugned proceedings is refused; the petition is treated as not pressed.

Ratio / Principle

If the petitioners, namely Arjun Singh @ Guddu Baba, Mahendra Pratap Singh @ Shippu and Vijay Kumar Singh @ Pujari Singh, appear before the trial court within two weeks and apply for bail, the bail application shall be decided expeditiously in view of the law laid down by the Supreme Court in Satender Kumar Antil's case (supra).

Key takeaways

If the petitioners move a discharge application before the concerned trial court within fifteen days, it shall be considered and decided expeditiously, preferably within a period of two months, in accordance with law.ratio¶11

Detailed headnote1 paragraphs

Application under S.482 Cr.P.C. (Application U/S 482 No. 5053 of 2024) seeking quashing of the entire proceedings of Case No.7481 of 2023, arising out of Case Crime No.358 of 2021 under Sections 147, 148, 149, 323, 504, 506, 452, 308, 325 IPC, P.S. Raunahi, District Faizabad (Ayodhya), including the summoning order dated 23.05.2023 passed by Judicial Magistrate-III, Faizabad. Counsel for petitioners did not press the petition and sought liberty to file a bail application and to move a discharge application. Quashing prayer refused; petitioners (Arjun Singh @ Guddu Baba, Mahendra Pratap Singh @ Shippu, Vijay Kumar Singh @ Pujari Singh) granted liberty to appear before the trial court within two weeks and apply for bail, to be decided expeditiously in view of Satender Kumar Antil v. CBI, SLP(Cri) No.5191 of 2021, and to move a discharge application within fifteen days, to be decided expeditiously, preferably within two months, in accordance with law. Petition finally disposed of. (Hon'ble Karunesh Singh Pawar, J.; Order Date 30.5.2024; Neutral Citation 2024:AHC-LKO:41379)

Neutral Citation No. - 2024:AHC-LKO:41379

Court No. - 15

Case :- APPLICATION U/S 482 No. - 5053 of 2024 Applicant :- Arjun Singh @ Guddu Baba And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another

Counsel for Applicant :- Katyayan Mishra 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 entire proceedings of Case No.7481 of 2023 arising out of Case Crime No.358 of 2021, under Sections 147, 148, 149, 323, 504, 506, 452, 308, 325 IPC, P.S. Raunahi, District Faizabad (Ayodhya) pending before the court of Judicial Magistrate-III, Faizabad including the summoning order dated 23.05.2023.

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 ". He also prays to move application for discharge.

Learned A.G.A. has no objection to the aforesaid prayer.

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, Arjun Singh @ Guddu Baba, Mahendra Pratap Singh @ Shippu and Vijay Kumar Singh @ Pujari Singh appear before the trial court within two weeks from today and applies 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) . It is also provided that in case, the petitioners move another application for discharge before the concerned trial Court within a period of fifteen days from today, the same shall be considered and decided expeditiously, preferably within a period of two months in accordance with law, by the concerned trial court.

With the aforesaid directions, this petition is finally disposed of.

Order Date :- 30.5.2024 Saurabh Yadav/-

Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench