Manoj Singhal and Another v. State of U.P

Court No. - 93 Case :- APPLICATION U/S 482 No. - 39945 of 2023 Applicant :- Manoj Singhal And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard Sri Ashok Kumar Tripathi, learned counsel for the applicants and Sri Sunil Kumar Kushwaha, learned AGA for the State.

¶2Present application under Section 482 Cr.P.C. has been filed for quashing the entire Complaint Case No.210 of 2023 as well as impugned summoning order dated 29.04.2023 (Rohit Kumar v. Dolly and others), under Sections 323, 504, 506, 356, 406, 420, 468, 120-B I.P.C. and Section 3(2)5A, 3(1)Da, 3(1) Dha SC/ST Act, Police Station Kotwali Dehat, District Mirzapur, pending in the Court of Special Judge SC/ST Act, Mirzapur.

¶3At the very outset, learned counsel for the applicants submits that applicants do not want to press the prayer for quashing the proceeding of impugned complaint case and they want to surrender and apply for bail, if direction is issued for consideration of their bail application expeditiously.

¶4Considering the aforesaid submission, it is provided that if the applicants appeared before the court below within a period of three weeks from today and apply for bail, then their bail application shall be considered in the light of the law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation, reported in 2021 (10) SCC 773.

¶5It is further provided that for a period of four weeks or till the disposal of the bail application of the applicants whichever is earlier, no coercive action shall be taken against the applicants in pursuance of Complaint Case No.210 of 2023 as well as impugned summoning order dated 29.04.2023 (Rohit Kumar v. Dolly and others), under Sections 323, 504, 506, 356, 406, 420, 468, 120-B I.P.C. and Section 3(2)5A, 3(1)Da, 3(1) Dha SC/ST Act, Police Station Kotwali Dehat, District Mirzapur, pending in the Court of Special Chief Judicial Magistrate, Kanpur Nagar.

¶6It is made clear that no further time will be granted if the applicants failed to appear before the court below.

¶7With the aforesaid observations, present application is disposed of.

¶8Applicant is permitted to correct the name of District mentioned in the application during the course of the day. Order Date :- 31.10.2023 A.N. Mishra High Court of Judicature at Allahabad