Allahabad High Court
Harikesh vs State Of U.P And Another on 29 July, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 84 Case :- APPLICATION U/S 482 No. - 20649 of 2022 Applicant :- Harikesh Opposite Party :- State Of U.P And Another Counsel for Applicant :- Arun Kumar Patel Counsel for Opposite Party :- G.A. Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
This criminal misc. application U/s 482 Cr.P.C. has been filed to quash the entire criminal prceeding of case no.148155 of 2021 (State vs. Harikesh and ors) as well as charge-sheet dated 28.10.2021 in case crime no.256 of 2021 under sections 323, 504, 506, 308 IPC, P.S. Geeda, District Gorakhpur as well as cognizance order dated 20.11.2021 passed by Chief Judicial Magistrate, Gorakhpur, Gorakhpur pending in the court of learned Chief Judicial Magistrate, Gorakhpur.
Learned counsel for the applicants submitted that he is not pressing the application for the prayer of quashing the order of NBW. He is confining his prayer only for direction of expeditious disposal of the bail application in view of guidelines propounded in Satendra Kumar Antil vs. Central Bureau of Investigation and ors, reported in 202(4) Crimes 139 (SC) case.
In view of the submission made by the learned counsel for the applicants, the prayer for quashing the entire criminal proceeding and summoning order is hereby refused.
The application U/s 482 Cr.P.C. is disposed of with a direction that if applicant move bail application before the court concerned, it shall be decided expeditiously in accordance with settled principle of law propounded by Hon'ble Apex Court.
Order Date :- 29.7.2022 C. MANI