Gulab And 3 Others vs State Of U.P. And Another
2024 Latest Caselaw 37894 ALL

Allahabad High Court

Gulab And 3 Others vs State Of U.P. And Another on 18 November, 2024

Author: Manish Mathur

Bench: Manish Mathur

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:179942
 
Court No. - 74
 

 
Case :- APPLICATION U/S 482 No. - 33689 of 2024
 

 
Applicant :- Gulab And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mahendra Kumar Maurya
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Manish Mathur,J.
 

1. Heard learned counsel for applicants and learned Additional Government Advocate for opposite party no.1-State.

2. In view of order being passed, notice to opposite party no.2 stands dispensed with.

3. Application under Section 482 Cr.P.C. has been filed seeking quashing of order dated 05.08.2024 as well as entire proceedings of Criminal Complaint Case No. 27134 of 2021 (Hukum Singh versus Gulab and Others) registered under Sections 323, 452 and 506 I.P.C. P.S.-Refinery, District-Mathura pending in the court of learned Judicial Magistrate, Court No. 4, Mathura.

4. Learned counsel for applicants submits that a perusal of the application under Section 156(3) Cr.P.C. as well as the summoning order indicates that the factor required to be taken into consideration pertaining to F.I.R. having being lodged by the applicants against the opposite party no. 2 prior to filing of the application under Section 156(3) by the applicants has not been considered at all. It is submitted that the complaint case has been instituted as a measure of counter blast to the F.I.R. lodged earlier by the applicants against the opposite party no. 2.

5. At this stage, learned counsel for applicants on the basis of instructions submits that benefit of judgment rendered by Hon'ble Supreme Court in the Case of Satender Kumar Antil versus Central Bureau of Investigation and another passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 on 7.10.2021 may be granted to applicants.

6. Learned A.G.A. appearing on behalf of State does not have any opposition in case such benefit is granted to applicants.

7. In view of aforesaid submissions, liberty is granted to applicants to file bail application before court concerned. In case such bail application is filed, the same shall be considered and decided expeditiously in view of law laid down in Satender Kumar Antil (supra).

8. The Application is disposed of accordingly.

Order Date :- 18.11.2024

SY