Mohit Tiwari vs State Of U.P. And Another
2022 Latest Caselaw 5667 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- APPLICATION U/S 482 No. - 18293 of 2022
 

 
Applicant :- Mohit Tiwari
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Sarvesh Kumar Dubey,Nishith Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ashwani Kumar Mishra,J.

Heard learned counsel for the applicant and learned AGA for the State.

The present application under section 482 Cr.P.C has been filed by the applicant with the prayer to quash the entire proceedings of Case No.2399 of 2022 (State vs. Mohit Tiwari), arising out of Case Crime No.762 of 2020 under Sections 3/27 Arms Act and section 67 of Information Technology Act, Police Station Mangalpur, District Kanpur Dehat pending in the court of Chief Judicial Magistrate, Kanpur Dehat as well as charge sheet no.343 of 2021 dated 19.10.2021 alongwith summoning order dated 28.01.2022.

Although the present application has been filed with the above prayer but at the time when the matter is taken up learned counsel for the applicant confines his relief to permit the applicants to apply for bail before the court below and the same be considered in view of the judgment of the Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another being Special Leave to Appeal (Crl.) No.5191 of 2021, decided on 7.10.2021.

Learned AGA has opposed the present application.

So far as the prayer made in this application is concerned perusal of the record would reveal that prima facie commissioning of cognizalbe offence is clearly disclosed and, therefore, no interference is called for.

The instant application is, accordingly, dismissed.

However, it is provided that in case the applicants apply for bail before the court below the same shall be decided keeping in view the judgment of the Supreme Court in the case of Satender Kumar Antil (supra).

Order Date :- 30.6.2022

Ashok Kr.