Shafeeq Ahmad Chauhan vs State Of U.P. And Another
2022 Latest Caselaw 10331 ALL

Citation : 2022 Latest Caselaw 10331 ALL
Judgement Date : 16 August, 2022

Allahabad High Court

Shafeeq Ahmad Chauhan vs State Of U.P. And Another on 16 August, 2022

Bench: Sameer Jain




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- APPLICATION U/S 482 No. - 24395 of 2022
 

 
Applicant :- Shafeeq Ahmad Chauhan
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ajit Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Syed Irfan Ali, Advocate, holding brief of Sri Ajit Kumar, learned counsel for the applicant, Dr. S.B.Maurya, learned AGA-I, for the State, and perused the record of the case.

By way of the present application, the applicant has made a prayer to quash the summoning order dated 22.3.2022 as well as entire proceedings of Complaint Case No.1195 of 2020, under Section 138 N.I.Act, pending in the court of Additional Judge, Aligarh, District Aligarh.

At the very outset, learned counsel for the applicant submits that he does not want to press the prayer made in the application. He confines his prayer only to the extent that a direction be given to the court concerned to decide the bail application of the applicant in the light of the law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Breau of Investigation, reported in 2021 (10) SCC 773.

Learned AGA is having no objection, if such a direction is given to the court concerned to decide the bail application of the applicant in the light of the judgment of the Apex Court in the case of Satender Kumar Antil (supra).

Although the present case is complaint case in which, in general, there is no need to give any direction to the court concerned to decide the application of applicant in view of the law laid down by the Apex Court in the case of Satender Kumar Antil (supra) but as learned counsel for the applicant vehemently made a prayer that in the present matter direction should be given as it is necessary to protect the interest of applicant.

Therefore, in view thereof, it is directed that if applicant appears before the trial court within three weeks from today and move bail application then his bail application shall be decided by the court below on the basis of law laid down by the Apex Court in the case of Satender Kumar Antil (supra).

With these direction/observation, the present application is, accordingly, disposed of.

Order Date :- 16.8.2022

SKM