Citation : 2023 Latest Caselaw 16793 ALL
Judgement Date : 25 May, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:117307 Court No. - 70 Case :- APPLICATION U/S 482 No. - 37790 of 2016 Applicant :- Devi Prasad Mishra Opposite Party :- State Of U.P.And Another Counsel for Applicant :- P.K. Singh,Suraj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
2. The present application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Case No. 38 of 2016 (State Vs. Jai Prakash Singh and others) under Sections 323, 504, 506, 352 I.P.C., and Section 3 (1) (X) SC/ST Act, Police Station Chaubeypur, District Varanasi pending before learned Special Judge SC/ST Act, Varanasi as well as to quash the charge sheet dated 24.01.2016 as well as cognizance taking order dated 13.07.2016 passed in the aforesaid case.
3. 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.
4. 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).
Order Date :- 25.5.2023
Krishna*
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