Citation : 2022 Latest Caselaw 7715 ALL
Judgement Date : 21 July, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 86 Case :- APPLICATION U/S 482 No. - 18688 of 2022 Applicant :- Sanjay Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pavan Kumar Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The instant application under Section 482 Cr.P.C has been filed for quashing the impugned judgment and order dated 31.05.2022 passed by the learned Sessions Judge, Bijnore in Criminal Revision No.142 of 2022 as well as the impugned summoning order dated 14.02.2020 passed by the learned Addl Chief Judicial Magistrate, Court No.1, Bijnore in Criminal Complaint Case No.1654 of 2019, under Section 420 IPC, Police Station-Seohara, District-Bijnore.
Learned counsel for the applicant submits that application under Section 156(3) Cr.P.C. was filed against the applicant on 02.04.2019 and the same was treated as a complaint case by the Magistrate. He submits that applicant has been falsely implicated in the present case.
On the other hand, learned AGA has opposed the contention aforesaid and submits that applicant was involved in committing the aforesaid offence.
At this stage, learned counsel for the applicant submits that he does not want to press the application and seek liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court in order dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another.
Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant.
On due consideration to the submissions of learned counsel for the parties', it is provided that in case, the applicant appears before the trial court within a period of two weeks from today and files bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra).
The application is disposed off accordingly.
Order Date :- 21.7.2022
Ashutosh
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