Bachchoo Singh vs State Of U.P. And Another
2023 Latest Caselaw 8578 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 70
 

 
Case :- APPLICATION U/S 482 No. - 9725 of 2010
 

 
Applicant :- Bachchoo Singh
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Pankaj Srivastava,Neeraj Srivastava
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Shekhar Kumar Yadav,J.

Ref: Criminal Misc. Delay Condonation Application No.01 of 2022

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

This is an application under Section 5 of the Limitation Act.

The delay in filing the recall application has been explained to the satisfaction of this Court.

Accordingly, the delay condonation application is allowed. The delay in filing the restoration application is hereby condoned.

Ref: Criminal Misc. Recall/Restoration Application No.02 of 2022

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

This is an application for recalling the order dated 15.12.2021 by which the present application was dismissed for want of prosecution.

The reasons shown for non appearance on the date fixed has been explained to the satisfaction of this Court.

Accordingly, the restoration application is allowed. The order dated 15.12.2021 is recalled and the present application is restored to its original number.

Order on memo of application

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 whole proceeding of Criminal Case No.1756 of 2009, under Sections 420, 467, 468, 471, 120-B, 255, 258 IPC arising out of Case Crime No.193 of 2009 and charge sheet dated 08.09.2009.

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 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 :- 23.3.2023

Ajeet