Guddu Kumar Rai And 3 Others vs State Of U.P. And Another
2023 Latest Caselaw 15583 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:107193
 
Court No. - 70
 

 
Case :- APPLICATION U/S 482 No. - 13355 of 2023
 

 
Applicant :- Guddu Kumar Rai And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sushil Kumar Rao,Sr. Advocate
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shekhar Kumar Yadav,J.

1.Heard Sri O.P. Singh, Senior Advocate assisted by Sri S. K. Rao, learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.

2. This application under Section 482 Cr.P.C. has been filed by applicants to quash the entire proceedings of Complaint Case no. 3262 of 2021 (Suman Saurabh Vs. Rajeev and others), under Section 420 IPC, P.S. Surajpur, District Gautam Budh Nagar, pending before the Court of learned Second Additional Chief Judicial Magistrate, Gautam Budh Nagar as well as the impugned summoning order dated 14.6.2022 and bailable warrant dated 15.3.2023.

3. 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. Moreover, the applicants have got a right of discharge and they are free to take all the submissions in the discharge application before the trial court.

4. 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 within 30 days from today 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).

5. For 30 days no coercive action shall be taken against the applicant.

6. With the above observations, this application u/s 482 is disposed of finally.

Order Date :- 17.5.2023/A.