Allahabad High Court
Jagmohan Singh vs State Of U.P. And 5 Others on 15 December, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 89 Case :- APPLICATION U/S 482 No. - 36574 of 2022 Applicant :- Jagmohan Singh Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Heard Sri Chandra Prakash Pandey, learned counsel for the applicant and Sri Tanay Kumar, learned AGA appearing on behalf of the State-respondent.
By way of filing present application u/s 482 Cr.P.C. applicant prayed to quash the entire proceeding of complaint case No. 697 of 2018, under sections 147, 342, 323, 354, 506 IPC, pending in the court of Additional Chief Judicial Magistrate, Kannauj as well as summoning order dated 27.8.2022.
At the very outset, learned counsel for the applicant submitted that he does not want to press the prayer made in the present application. He further submitted that he only confines his prayer to pass direction to the lower court that when the applicant will appear and apply for bail then his bail application shall be decided in view of the observation made by the Apex Court in the cases of Satender Kumar Antil Vs. CBI & others reported in [2021 (10) SCC 773] and Satender Kumar Antil Vs. CBI & others reported in [MANU/SC/0851/2022] .
Learned AGA submitted that he has no objection if such direction is given as learned counsel for the applicant himself does not want to press the prayer made in the present application u/s 482 Cr.P.C. and only confine to his prayer that a suitable direction may be given to the court below in view of the Apex Court judgements passed in the cases of Satender Kumar Antil (supras).
In the aforesaid facts and circumstances of the case, it is directed that if the applicant appears before the court below within four weeks from today and applies for bail then his bail application shall be decided by the court below in view of law laid down by the Apex Court in the cases of Satender Kumar Antil(supras).
With the aforesaid observation, the present application u/s 482 Cr.P.C. is disposed off.
Order Date :- 15.12.2022 Ankita