Held the prayer for quashing criminal proceedings refused but liberty granted to apply for bail before the trial court within two weeks for expeditious decision.
Prayer for quashing refused; liberty granted to apply for bail before trial court within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:65408
Court No. - 11
Case :- APPLICATION U/S 482 No. - 8524 of 2024 Applicant :- Raj Kumar And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
Counsel for Applicant :- Shishir Pradhan,Kunwer Dhananjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Abdul Moin,J.
Heard learned counsel for applicants as well as learned Additional Government Advocate for State.
The present 482 Cr.P.C. application has been filed by the applicants challenging the order dated 23.03.2023 passed by learned Judicial Magistrate / 8th Additional Civil Judge (Junior Division), Raebareli in Complaint Case No. 3613 of 2021 in re: Smt Meera Vs Rajkumar and others under Section 451, 323, 504 and 506 IPC Police Station Bhadokhar, District Raebareli.
Learned counsel for applicants, after arguing for some time, submits that the present application may be dismissed as not pressed with liberty to file a bail application before the learned trial court 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 applicants appear before the trial court within two weeks' from today and applies for bail, the same shall be decided expeditiously by the learned trial court, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra) .
The application is disposed of accordingly.
Order Date :- 21.9.2024 J. K. Dinkar
Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether to grant the prayer for quashing the criminal proceedings under Section 482 Cr.P.C.
Whether to grant liberty to file a bail application before the trial court in substitution for quashing.
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
Satender Kumar Antil versus Central Bureau of Investigation and anotherReferred¶9
Satender Kumar Antil's case (supra)
Raj Kumar And 5 Others
Abdul Moin
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
