Kamlesh Kumar Gandhi vs State Of U.P And Another
2022 Latest Caselaw 5669 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- APPLICATION U/S 482 No. - 18242 of 2022
 

 
Applicant :- Kamlesh Kumar Gandhi
 
Opposite Party :- State Of U.P And Another
 
Counsel for Applicant :- Ramakant
 
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 Special Session Trial No.540 of 2021 (State vs. Kamlesh Kumar Gandhi), arising out of Case Crime No.07 of 2021, under Sections 420, 504, 352, 56, 468 IPC and 3(1)Da, Dha of SC/ST Act, Police Station Adalhat, District Mirzapur as well as charge sheet No.01/2021 dated 07.03.2021, including the cognizance/summoning order dated 09.12.2021, pending in the court of Special Judge (SC/ST Act), Mirzapur.

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 and also submits that the applicants be permitted 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 in this petition so as to quash the proceedings.

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.