Subhash @ Soni And Others vs State Of U.P. Thru. The Secy. Home ...
2022 Latest Caselaw 21546 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 

 
Case :- APPLICATION U/S 482 No. - 9480 of 2022
 

 
Applicant :- Subhash @ Soni And Others
 
Opposite Party :- State Of U.P. Thru. The Secy. Home Lko. And Another
 
Counsel for Applicant :- Ashok Kumar Bhardwaj
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shamim Ahmed,J.

Heard Shri Amit Bhardwaj, Advocate, holding brief of Shri Ashok Kumar Bhardwaj, the learned counsel for the applicant and learned A.G.A. for the State.

This application under Section 482 Cr.P.C. has been filed by the applicant to quash the entire proceedings including the summoning order by which applicant has been summoned in Criminal Case No. 3396 of 2022, State Vs. Subhash @ Soni and others, arising out of Crime No. 354 of 2020, under Sections 308, 325, 323, 504 I.P.C., Police Station Bangermau, Unnao, pending in the court of learned Additional Chief Judicial Magistrate, Court No. 1, Unnao.

After arguing the matter at some length, learned counsel for the applicant has prayed that the applicant may be permitted to file regular bail application before the competent court of law and direction may be issued to decide the bail application at the earliest in the light of judgment rendered in re: Aman Preet Singh vs. C.B.I. through Director, Criminal Appeal No.929 of 2021 (arising out of SLP (Crl.) No.5234/2021).

Considering the aforesaid innocuous prayer of learned counsel for the applicant, without entering into merits of the issue, I hereby dispose of the present application finally at the admission stage giving liberty to the applicant to file regular bail application before the competent court of law within a period of four weeks from today and if such bail application is filed, the same may be considered and disposed of, strictly in accordance with law, with expedition without adjourning the case for any unnecessary reason.

While disposing of such application, learned court concerned shall verify the applicability of the judgment rendered in re: Aman Preet Singh (supra) in the case of the present applicant and if it covers the controversy, the same may be considered.

Order Date :- 16.12.2022

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