An applicant can withdraw a quashment application and move a bail application before the trial court in accordance with the guidelines/observations given by the Hon'ble Apex Court in the case of Satendra Kumar Antil vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773.

Court No. - 72

Case :- APPLICATION U/S 482 No. - 38852 of 2022

Applicant :- Gulab Pandey

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Yogendra Misra,Niraj Tripathi

Counsel for Opposite Party :- G.A.

Hon'ble Umesh Chandra Sharma,J.

Heard learned counsel for the applicant as well as learned

A.G.A. for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed for

quashing the summoning order dated 27.10.2021 passed by

learned Additional Civil Judge (S.D.), Jaunpur and charge-sheet

dated 19.05.2021 in Criminal Case No.39 of 2020 (State Vs.

Rita Pandey and others) arising out of Case Crime No.379 of

2019, under section 323, 504, 506, 307, 324, 325 I.P.C., Police

Station Badalapur, District Jaunpur, pending in the Court of

Additional Civil Judge (S.D.) NC-III, Jaunpur.

At the very outset, learned counsel for the applicant has

submitted that the applicant relinquishes the prayer for

quashment and wish to move bail application before the trial

court in view of the guidelines / observations given by Hon'ble

The Apex Court in the case of Satendra Kumar Antil vs.

Central Bureau of Investigation and another reported in

( 2021) 10 SCC 773 .

Learned A.G.A. has no objection.

Considering the above submissions and taking into

consideration the facts and circumstances of the case, it is

provided that in case the applicant appears before the court

concerned within four weeks from today and moves application

for bail, the same shall be considered and disposed of in terms

of the guidelines / observations given by Hon'ble The Apex

Court in the case of Satendra Kumar Antil vs. Central

Bureau of Investigation and another reported in ( 2021) 10

SCC 773 .

For a period of four weeks from today, no coercive action shall

be taken against the applicant.

It is made clear that in the event, no such application is moved

within the time prescribed above, this order will be of no avail

to the applicant.

With the above direction, the instant application under Section

482 Cr.P.C. is finally disposed of

Order Date :- 4.1.2023

Pravesh

Digitally signed by :-

PRAVESH KUMAR MISHRA

High Court of Judicature at Allahabad