Citation : 2022 Latest Caselaw 5741 ALL
Judgement Date : 1 July, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 10 Case :- APPLICATION U/S 482 No. - 4175 of 2022 Applicant :- Sushil Rajpoot Alias Gunnu And Another Opposite Party :- State Of Up Thru. Addl. Chief Secy. Home. Deptt. Lko And Another Counsel for Applicant :- Suresh Kumar Yadav,Manmohan Singh Yadav,Raj Kumar Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J.
Heard learned counsel for petitioners and learned A.G.A. appearing on behalf of opposite party No.1. In view of order being passed notices to opposite party No.2 stand dispensed with.
Petition under Section 482 Cr.P.C. has been filed for quashing bailable warrant dated 20.10.2021 passed by learned Additional Chief Judicial Magistrate-VI, Lucknow in case No. 1557 of 2016 and charge sheet No. 167 of 2015 arising out of case crime No. 11 of 2015 under Sections 323, 504, 308 IPC at P.S. Kakori, District Lucknow.
Learned counsel for petitioners submits that the present case is covered by the judgment rendered by Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another passed in Petition for Special Leave to appeal (Crl.) No. 5191 of 2021 on 7.10.2021 since the ofences against petitioners indicated in the charge sheet are within category A of the aforesaid judgment. and as such liberty may granted to petitioners to approach the trial court with regard to same.
Learned A.G.A. appearing on behalf of State does not dispute the fact that matter appears to be covered in terms of the judgment rendered in Satender Kumar Antil (supra).
Considering the aforesaid facts and circumstances and particularly the fact that the case is covered under the cases under category-A of judgment in the case of Satendra Kumar Antil (supra), the petition as such is disposed of in terms of the directions issued in the said case.
Order Date :- 1.7.2022
prabhat
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