Pankaj Mishra vs State Of U.P. And Another
2022 Latest Caselaw 10543 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- APPLICATION U/S 482 No. - 2417 of 2019
 

 
Applicant :- Pankaj Mishra
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Bipin Kumar Rai
 
Counsel for Opposite Party :- Govt. Advocate,Raj Kumar Upadhyaya (R.K.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard learned counsel for the parties and perused the record.

2. The present petition under Section 482 Cr.P.C. has been filed seeking quashing of the order dated 15.11.2018 passed in Criminal Case No.11667 of 2017, State Vs. Pankaj Mishra, arsing out of Case Crime No.114 fo 2017, under Section 506 IPC, Police Station Kotwali Nagar, District Faizabad, pending in the court of Chief Judicial magistrate, Faizabad.

3. Counter affidavit tendered today in the Court is taken on record.

4. The complainant and the accused are living in Lucknow.

5. Considering the aforesaid fats and circumstances, it would be appropriate to transfer the case from the court of Chief Judicial Magistrate, Faizabad to Lucknow, to which Sri Raj Kumar Upadhyaya, learned counsel for opposite party no.2 has no objection. The District Judge, Lucknow will post the matter before the appropriate court.

6. The transfer proceedings should be completed within a period of ten days from today. Once the case is transferred to the concerned court at Lucknow and summons are issued to the petitioner, he is directed to appear before the court concerned and apply for bail. The trial court will consider and decide the bail application of the petitioner in view of the order dated 07.10.2021 read with judgment dated 11.07.2022 of the Supreme Court rendered in the case of Satender Kumar Antil vs Central Bureau of Investigation and others: SLP(Crl) No.5191 of 2021.

7. With the aforesaid observation and direction, the present petition stands disposed of.

Order Date :- 17.8.2022

Rao/-