Disposed

Satyam Kashyap and 3 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC5 Mar 2024A482/2013/2024

Case brief

AI extract

What is this about?

High Court heard an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings and stay on Session Case No.2971/2023. Instead of passing a decision, the Court disposed of the petition by recording that bail would be considered expeditiously if the petitioners surrender within three weeks under Satender Kumar Antil.

What did the court decide?

Direction that if petitioners surrender within three weeks and apply for bail, the Special Judge shall dispose of it expeditiously.

Satyam Kashyap and 3 Others vs State of U.P. Thru. Prin… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:22889

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 2013 of 2024

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Applicant :- Satyam Kashyap And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sanandan Kumar Misra,Bina Kumari Bajpai Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard learned counsel for the petitioners and the learned A.G.A. for the State.

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In view of the proposed order, notice to opposite party no.2 is dispensed with.

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By means of this petition filed under Section 482 Cr.P.C., the petitioners have prayed the following main reliefs:-

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"A. Quash the entire criminal proceeding of Session Case No2971/2023 State Versus Satyam Kashyap and others, case crime no-173 of 2023 under Section 354-B,232,504,506 I.P.C and 3 (1)r/ 3 (1) w (i) And 3(2)(va) SC/ST Act Police StationMohanlalganj District Lucknow pending in the court of learned court of Special Judge SC/ST Act, Lucknow alongwith the impugned summoning order dated 20/09/2023 passed by the learned of learned court of Special Judge SC/ST Act.

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B. Stay further criminal proceeding of Session Case No2971/2023 State Versus Satyam Kashyap and others, Crime No.173 of 2023 under Section 354-B,232,504,506 I.P.C. and 3 (1)r/3(1)w (i) and 3(2)(va) SC/ST Act Police StationMohanlalganj District Lucknow pending in the court of learned court of Special Judge SC/ST Act, Lucknow."

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At the outset, learned counsel for the petitioners has prayed that direction may be issued to the court below for disposal of bail application of the petitioners expeditiously, if possible, on the same day in the light of dictum of the Apex Court in re; Satender Kumar Antil Vs. Central Bureau of Investigation & Anr, Petition(s) for Special Leave to Appeal (Crl.) No(s).5191/2021 and if any instructions are required at the time of disposal of bail application, the court concerned may be directed to consider the interim bail of the petitioners.

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

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Therefore, it is provided that if the petitioners surrender within three weeks from today and move application for bail, the same shall be considered and disposed of by the court below expeditiously, if possible, on the same day in the light of the dictum of Hon'ble Apex Court in re; Satender Kumar Antil (supra) and if any instructions are required at the time of disposal of bail application, the court concerned may consider the interim bail of the petitioners.

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After getting bail, the petitioners may move discharge application and if such discharge application is filed by the petitioners before the learned court below, the same shall be considered and decided, strictly in accordance with law, by affording an opportunity of hearing to the concerning parties, expeditiously.

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The aforesaid order may not restrain the petitioners to avail the appropriate statutory remedy of filing appeal before the appropriate court of law.

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Accordingly, the instant petition is disposed of finally

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[Rajesh Singh Chauhan,J.]

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Order Date :- 15.3.2024 RBS/-

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Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Satyam Kashyap and 3 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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Satyam Kashyap and 3 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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