Raja Shukla vs State Of U.P. And Another
2023 Latest Caselaw 21682 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:161425
 
Court No. - 91
 

 
Case :- APPLICATION U/S 482 No. - 27825 of 2023
 

 
Applicant :- Raja Shukla
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Rajeev Kumar Upadhyay
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Gajendra Kumar,J.

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

The present application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to set aside the impugned charge sheet dated 16.05.2019 as well as summoning order dated 05.08.2019 as well as the entire proceeding of Case Crime No.111 of 2019, under Sections 420, 467, 468, 471, 406, 504, 506 IPC, Police Station Barra, District Kanpur Shahar.

This is the second application u/s 482 Cr.P.C.. Vide order dated 15.09.2022, this Court has passed the following order:-

"Heard Sri Mohammad Sadab Khan, learned counsel for the applicants, Dr. S.B. Maurya, learned AGA-I for the State and perused the record of the case.

By way of the present application, the applicants made a prayer to quash the charge-sheet dated 16.06.2019 arising out of Case Crime No. 0111 of 2019 as well as cognizance order dated 05.08.2019 and proceeding of Case No. 24887 of 2019, under Sections 420, 467, 468, 471, 406, 504, 506 IPC, Police Station Barra, District Kanpur Nagar.

Learned counsel for the applicants does not want to press the prayer made in the application. He confines his prayer only to the extent that a direction be given to the court concerned to decide the bail application of the applicants in the light of the law laid down by the Apex Court in the cases of Satender Kumar Antil Vs. Central Breau of Investigation, reported in 2021 (10) SCC 773 and Satender Kumar Antil Vs. Central Breau of Investigation and others MANU/SC/0851/2022.

Learned AGA is having no objection, if such a direction is given to the court concerned to decide the bail application of the applicants in the light of the judgments of the Apex Court in the cases of Satender Kumar Antil (supras).

Accordingly, it is directed that if applicants appear before the trial court within three weeks from today and apply for bail then, their bail application shall be decided by the court below on the basis of law laid down by the Apex Court in the cases of Satender Kumar Antil (supras).

With these direction/observation, the present application is, accordingly, disposed of."

In view of the above, on the same cause of action and same set of facts, the second application u/s 482 Cr.P.C. has been filed, which is not maintainable.

With the aforesaid facts, the present application u/s 482 Cr.P.C. is dismissed.

Order Date :- 10.8.2023

Sanjeet