Citation : 2022 Latest Caselaw 5729 ALL
Judgement Date : 1 July, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 42 Case :- APPLICATION U/S 482 No. - 18581 of 2022 Applicant :- Ashok Kumar Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard learned counsel for the parties and perused the record.
2. The present application under Section 482 Cr.P.C. has been filed to quash the entire criminal proceeding of criminal case no. 9221 of 2010 (Sttae Vs. Ashok Kumar Gupta and others) as well as impugned charge-sheet dated 11.08.2008 arising out of case crime no. 315 of 2008, under Sections 3/7 E.C Act, P.S. - Kidwai Nagar, District - Kanpur Nagar as well as N.B.W. order dated 23.11.2021 passed by Metropolitan Magistrate-8, Kanpur Nagar.
3. Learned counsel for applicants, at the outset, on instructions, submits that he is not pressing the prayers made in the application. However, Counsel submits that applicants are ready to appear before Trial Court and prayed that Trial Court be directed to consider their bail application in terms of judgment passed by Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and another; (2021) 10 SCC 773.
4. Learned A.G.A. for State has no objection against the aforesaid prayer.
5. In view of above, prayers made in this application are rejected. However, the application is disposed of with the direction to the applicants to surrender before the concerned Trial Court and file bail application and Trial Court is directed to decide the same strictly in terms of the judgment passed by Supreme Court in Satender Kumar Antil (Supra).
Order Date :- 1.7.2022
PS
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