Citation : 2023 Latest Caselaw 6720 ALL
Judgement Date : 1 March, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 68 Case :- APPLICATION U/S 482 No. - 24124 of 2022 Applicant :- Ramsewak And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjeev Kumar Yadav 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 charge sheet dated 23.12.2021 and proceeding of the Case No. 124 of 2022 as well as summoning/cognizance order dated 11.2.2022 passed by Civil Judge (S.D.)/Additional Chief Judicial Magistrate Bansgaon, Gorkhpur, Case Crime No. 142 od 2021, under sections 308, 323, 504, 325 IPC, P.S. Uruva Bazar, District Gorakhpur, pending in the Court of Civil Judge (S.D.)/Additional Chief Judicial Magistrate Bansgaon, Gorkhpur, (State Vs. Ram Sewak and others).
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 applicant 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 :- 1.3.2023/A.
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