Vijaita Saxena And Another vs State Of U.P. . And Another
2023 Latest Caselaw 3238 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- APPLICATION U/S 482 No. - 30480 of 2022
 

 
Applicant :- Vijaita Saxena And Another
 
Opposite Party :- State Of U.P. . And Another
 
Counsel for Applicant :- Sharique Ahmed,Shailesh Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shekhar Kumar Yadav,J.

Mr. Dhiresh Tiwari, Advocate has filed Vakalatnama on behalf of opposite party no.2. Let the same be taken on record.

Vide order dated 23.09.2022, the matter was referred to the Mediation Centre of this Court, but as per report, parties are not willing for settlement.

Heard learned counsel for the applicants, learned A.G.A. for the State, Mr. Dhiresh Tiwari, learned counsel for opposite party no.2 and perused the material available on record.

This application under Section 482 Cr.P.C. has been filed by applicants to quash the order dated 16.6.2022 passed by learned Additional Sessions Judge, Court No.7, Bareilly in Criminal Revision No.158 of 2022 by which the revisional court confirm the summoning order dated 04.03.2022 passed by learned Additional Chief Judicial Magistrate, Court No.5, Bareilly.

During arguments, learned counsel for the applicants has submitted that he does not want to press the prayer for quashing of the above mentioned case. His sole prayer is that a direction may be issued to the court below to decide the bail application of the applicants in view of the judgment in the case Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922. He further submits that the applicant no.2/deponent, is aged about 85 years, therefore, he may be permitted to appear before the court below through his counsel.

Considering the facts and circumstances of the case and nature of the allegations made in the F. I. R. and submissions made by learned counsel for the applicants, it is directed that in case the applicant no.1 appears and surrender before the court concerned and applies for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid by this Court in the case of Satender Kumar Antil (Supra).

So far as applicant no.2 is concerned, it is provided that in case the applicant no.2 appears before the court below through his counsel and applies for bail, the same shall also be heard and disposed of expeditiously by the court below in view of the settled law laid by this Court in the case of Satender Kumar Antil (Supra).

With the above observations, this application u/s 482 is disposed of finally.

Order Date :- 1.2.2023

Ajeet