Allahabad High Court
Sarjam @ Sartaj @ Mohiuddin And 9 Others vs State Of U.P. And Another on 20 October, 2022
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 86 Case :- APPLICATION U/S 482 No. - 32137 of 2022 Applicant :- Sarjam @ Sartaj @ Mohiuddin And 9 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for petitioners as well as learned Additional Government Advocate for State.
The present 482 Cr.P.C. petition has been filed to quash the impugned charge-sheet dated 26.02.2016 in Case No.4525 of 2016 (State Vs. Sabir and others) arising out of Case Crime No. 413 of 2015, Under Sections 9/51 Wild Life Protection Act, Police Station-Chowk, District Maharajganj pending in the court of Judicial Magistrate, Maharajganj.
Learned counsel for petitioners, after arguing for some time, submits that present petition may be dismissed as not pressed with liberty to file a bail application which may be decided in view of law laid down by Supreme Court in "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021" to which learned A.G.A. has no objection.
In view of the above, prayer for quashing the impugned proceeding is refused. So far as other prayer is concerned, it is provided that in case the petitioners namely Sarjam @ Sartaj @ Mohiuddin, Sabir @ Sabir Ali, Laddan @ Safitulla, Tufani @ Shankar, Naresh @ Ram Nares, Suresh, Bharos @ Ram Bharos, Rampreet @ Rampreet Rao, Rajesh Gupta @ Rakesh and Ram Bahor, appear before the trial court within three weeks from today and apply for bail, the same shall be decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra).
The petition is disposed of accordingly.
Order Date :- 20.10.2022 RC