Allahabad High Court
Jay Prakash Gupta 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. - 33963 of 2022 Applicant :- Jay Prakash Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amrendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for petitioner as well as learned Additional Government Advocate for State.
The present 482 Cr.P.C. petition has been filed to quash the impugned order dated 22.1.2016, NBW dated 30.11.2021 (contained in Annexure No.5 & 6 to the affidavit) as well as further proceeding of the Complaint Case No.865 of 2015, Prem Chandra versus Jay Prakash, under Section 138 of Negotiable Instrument Act Police Station Kerakat, District Jaunpur pending in the court of Additional Chief Judicial Magistrate Court No. 14 Jaunpur.
Learned counsel for petitioner, 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 petitioner appears before the trial court within three weeks from today and applies 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