Hariom Mishra And 2 Others vs State Of U.P. And Another
2023 Latest Caselaw 3133 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- APPLICATION U/S 482 No. - 42471 of 2022
 

 
Applicant :- Hariom Mishra And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Brijesh Kumar Chaturvedi,Puneet Kumar
 
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 proceedings of the Criminal Case No. 14590 of 2020, (State Vs. Durgesh Mishra & others), pending in the court of Civil Judge (S.D.)/ Additional Chief Judicial Magistrate, Kushinagar at Padrauna including charge sheet dated 17.8.2019 and cognizance order dated 18.11.2020 arising out of Case Crime No. 0094 of 2019, under Sections 147, 148, 323, 504, 506, 452, 354 IPC and section 7 Criminal Law Amendment Act, P.S. Kaptanganj, District Kushinagar.

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 :- 30.1.2023

A.