Citation : 2022 Latest Caselaw 5529 ALL
Judgement Date : 28 June, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 42 Case :- APPLICATION U/S 482 No. - 16318 of 2022 Applicant :- Hari Shankar Mishra And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mithilesh Kumar Mishra,Ashwini Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J.
Heard Ashwini Kumar Singh, learned counsel for the applicants and the learned A.G.A.
By means of this present application, the applicant has prayed for quashing the entire proceedings of Case No.5854/2019 in Case Crime No.239/2019 under sections 498A, 306, 504and 506 I.P.C., Police Station-Utraon, district-Prayagraj.
Learned counsel for the applicants after arguing for some time on instructions confined his payer to the extent that applicant nos.3,4 and 5 be granted some time to appear before the learned trial court and to file bail application and the same be decided in accordance with law considering the judgment passed by the Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.
So far as applicant nos.1 and 2 are concerned it is submitted that they have already been arrested.
Learned A.G.A. appearing for State has no objection against the aforesaid prayer.
In view of the above, while rejecting the prayers made in this application, applicant nos.3, 4 and 5 are directed to appear before the trial court within a period of two weeks and in case bail application is filed, the same shall be considered in accordance with law considering the judgment passed by the Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.
With the aforesaid direction, this application is disposed of.
Order Date :- 28.6.2022
SB
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