Court No. - 73
Case :- APPLICATION U/S 482 No. - 19006 of 2021 Applicant :- Nitin And 2 Other Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.,Virendra Kumar Gupta
Hon'ble Sameer Jain,J.
Case called out. None present on behalf of opposite party no.2 to press the application.
Heard learned counsel for the applicants, learned AGA for the State and perused the record of the case.
The present application under Section 482 Cr.P.C. has been preferred by the applicants with a prayer to quash the entire proceedings of Complaint Case No. 2210 of 2019 (Shipra Vs. Venkatesh and others) as well as impugned summoning order dated 12.08.20221, under Sections 323, 452 IPC, Police Station Kotwali District Badaun pending in the Court of learned Civil Judge (Junior Division)/Fast Track Court (Offences against Women), District Badaun.
At the very outset, learned counsel for the applicants submitted that he does not want to press the prayer made in the present application and he submitted that the bail prayer of the applicant shall be decided in view of the direction given by the Apex Court in case of Satender Kumar Antil Vs. Central Bureau of Investigation and others passed in Special Leave to Appeal (Crl.) No.5191 of 2021 decided on 07.10.2021, as the maximum punishment provided under sections 323, 452 IPC, is up to maximum seven years.
Learned A.G.A. having no objection, if such direction is given in view of the judgment of Apex Court in Satender Kumar Antil (supra) case.
The present case relates to the provisions of sections 323, 452 IPC and in these sections maximum punishment is up to seven years, therefore, in view of the judgment in case of Satender Kumar Antil (supra), the court below is directed that when applicants appear before it, then the bail application of the applicants shall be decided in view of the guidelines issued by the Apex Court in case of Satender Kumar Antil (supra).
With these observations and directions, the present application under Section 482 Cr.P.C. is disposed of.
Order Date :- 22.12.2021/AK Pandey