Allahabad High Court
Mangilal And 2 Others vs State Of U.P. And Another on 3 February, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 72 Case :- APPLICATION U/S 482 No. - 43698 of 2022 Applicant :- Mangilal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the cognizance order/summoning order dated 24.7.2020, charge-sheet no. 344 of 2019 dated 15.12.2019 as well as entire proceeding of Case No. 977/IX of 2020 (State Vs. Mangilal and Others) arising out of Case Crime No. 482 of 2019, under Section 452, 323, 324, 504, 506 I.P.C. Police Station- Raya- District- Mathura.
At the very outset, learned counsel for the applicants has submitted that the applicants relinquish the prayer for quashment and wish to move bail application before the trial court in view of the guidelines / observations given by Hon'ble The Apex Court in the case of Satendra Kumar Antil vs. Central Bureau of Investigation and another reported in ( 2021) 10 SCC 773.
Learned A.G.A. has no objection.
Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicants appear before the court concerned within four weeks from today and move application for bail, the same shall be considered and disposed of in terms of the guidelines / observations given by Hon'ble The Apex Court in the case of Satendra Kumar Antil (Supra).
For a period of four weeks from today, no coercive action shall be taken against the applicants.
It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicants.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 3.2.2023 S.Verma