Disposed

Charan Singh v. State of U.P. and Another

Allahabad HC13 Nov 2018A482/40408/2018

Case brief

AI extract

What is this about?

This court disposed of an application under Section 482 Cr.P.C. seeking quashing of a summoning order. Finding no legal infirmity, the court allowed the applicant 45 days to surrender and apply for bail, after which coercive action could be taken.

What did the court decide?

Application disposed; 45 days granted for surrender and bail application; no coercive action permitted during said period.

Charan Singh Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2018)

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Court No. - 40 Case :- APPLICATION U/S 482 No. - 40408 of 2018 Applicant :- Charan Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Santosh Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Kumar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed for quashing the summoning order dated 04.10.2018 passed by Judicial Magistrate, Hapur in Case No. 210 of 2018, Satraj Vs. Charan Singh, under Sections 420, 379, 452, 323, 504, 506 IPC, P.S. Babugarh, District Hapur.

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After hearing the learned counsel for the applicant, learned A.G.A. and perusing the order impugned as well as averments made in the present application, this Court is of the opinion that learned counsel for the applicant could not point out any legal infirmity in the order impugned which may warrant any interference by this Court in exercise of power conferred under Section 482 Cr.P.C. jurisdiction.

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However, in case if applicant surrenders before the court concerned pursuant to the impugned summoning order and applies for bail within 45 days from today, the same shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. Lal Kamlendra .

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For a period of 45 days from today or till the applicant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him. It is made clear that no further time would be allowed to the applicant on any ground.

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With the aforesaid directions, this application is finally disposed of .

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Order Date :- 13.11.2018/IrfanUddin

Charan Singh v. State of U.P. and Another

Case brief

What is this about?

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Charan Singh v. State of U.P. and Another

Case brief

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What did the court decide?

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