Citation : 2023 Latest Caselaw 271 ALL
Judgement Date : 3 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 68 Case :- APPLICATION U/S 482 No. - 28007 of 2022 Applicant :- Mahendranath And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicants, 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 applicants to quash the entire proceeding in Case no. 3952 of 2022 as well as charge sheet no. 137 of 2022 dated 2.6.2022 and cognizance order dated 18.6.2022 under sections 147, 148, 149, 452, 323,352, 504, 506, 34, 308 IPC, (State Vs. Radhey Shayam & others), arising out of Case Crime No. 87 of 2022 P.S. Pawai, District Azamgarh, pending in the court of learned Judicial Magistrate, Azamgarh.
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.
Considering the facts and circumstances of the case, the present application is disposed of with the direction that in case the applicants 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 :- 3.1.2023
A.
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