Allahabad High Court
Adarsh Mishra And 5 Others vs State Of U.P. Thru. Secy. Home Deptt. ... on 28 April, 2022
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 13 Case :- APPLICATION U/S 482 No. - 2150 of 2022 Applicant :- Adarsh Mishra And 5 Others Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Paritosh Shukla,Sukh Deo Singh 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 03.12.2021 as well as summoning order dated 12.12.2021 passed in the case of "State Vs. Ashutosh Mishra", F.I.R. No. 661/2021, under sections 147/148/149/323/504/506/325/308 I.P.C., P.S. Gosaiganj, District Sultanpur.
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 Adarsh Mishra, Ashutosh Mishra, Suha Devi, Arunakar Mishra, Shubham Mishra and Satyam Mishra appear before the trial court within fifteen days from today and apply for bail, the same 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 :- 28.4.2022 R.C.