Allahabad High Court
Chhiteswar vs State Of U.P. And Another on 29 July, 2022
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 89 Case :- CRIMINAL APPEAL DEFECTIVE No. - 199 of 2022 Appellant :- Chhiteswar Respondent :- State of U.P. and Another Counsel for Appellant :- Bachcha Singh Counsel for Respondent :- G.A. Hon'ble Karunesh Singh Pawar,J.
Order on application for condonation of delay Heard learned counsel for appellant as well as learned Additional Government Advocate for State.
As per office report, notice has been served on respondent No.2, however, none on her behalf has put in appearance.
Cause shown in the affidavit filed in support of the application for condonation of delay seems to be sufficient. The application is accordingly allowed and the delay in filing the appeal is condoned.
Order on Appeal Heard learned counsel for appellant as well as learned Additional Government Advocate for State.
The present appeal has been filed to quash the impugned criminal proceedings of Special S.T. No.162 of 2018 State versus Sanjay and others arising out of case crime No.1001 of 2017 under sections 147, 149, 427, 323, 504, 506 I.P.C. and 3(1)X SC/ST Act, P.S. Maniyar, district Ballia and charge sheet dated 7.3.2018 including cognizance order dated 5.7.2018.
Learned counsel for appellant, 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 appellants appear before the trial court within fifteen days from today and a bail application is filed, the same be decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra).
The appeal is disposed of accordingly.
Order Date :- 29.7.2022 kkb.