Pawan Kumar vs State Of U.P. And Another
2023 Latest Caselaw 1645 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- APPLICATION U/S 482 No. - 41079 of 2022
 

 
Applicant :- Pawan Kumar
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Gaurav Kumar Shukla,Vishveshwar Mani Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shekhar Kumar Yadav,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

This application under Section 482 Cr.P.C. has been filed by applicant to quash the entire proceeding arising out of Cognizance/Summoning Order dated 13.07.2020 in Criminal Case No. 2989 of 2020 (State Vs. Pawan Kumar), under Section 308 of IPC, Police Station-Kaptanganj, District- Basti, pending in the Court of learned Civil Judge (Junior Division), Court No. 12, Basti, in pursuance of Charge Sheet dated 31.05.2020, arising out of Case Crime No. 73 of 2020.

During arguments, learned counsel for the applicant 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. .

Considering the facts and circumstances of the case, the present application is disposed of with the direction that in case the applicant filed bail application before the court below, the same shall 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 :- 16.1.2023

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