Disposed

Rajmani and Another v. State of U.P. and Another

Allahabad HC13 Mar 2018A482/7977/2018

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. for quashing criminal proceedings and charge-sheet was disposed of as withdrawn. Court empowered applicant to file a bail application before the lower court, to be decided in terms of cited Supreme Court decisions and a Division Bench direction of this Court.

What did the court decide?

Application disposed of as withdrawn with liberty to applicant to file bail before court below within four weeks.

Rajmani and Another Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2018)

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Court No. - 52

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Case :- APPLICATION U/S 482 No. - 7977 of 2018

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Applicant :- Rajmani And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashvni Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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

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This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding as well as charge-sheet dated 05.10.2017 in Case No.1577 of 2017 (State vs. Rajmani and another) arising out of Case Crime No. 158 of 2017 under Sections 323, 325, 504 IPC, P.S.Chandaus, District Aligarh.

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After advancing argument at length, learned counsel for the applicants would submit that applicants would be satisfied in case a direction is issued to the court below to consider the bail application of the applicants in terms of the decisions rendered in Amrawati and another Vs. State of U.P., 2004 (57) ALR 290 as well as Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC).

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Learned A.G.A. would submit that the directions issued by this Court and the Hon'ble Supreme Court is binding upon the court below. A Division Bench of this Court in Brahm Singh & others vs. State of U.P. & others, 2016 (7) ADJ 151 , has already issued direction to all the Sessions Judges of the State of Uttar Pradesh, which is being followed. It is, therefore, urged that no fresh direction is required to be given. This fact is not being disputed by the learned counsel for the applicants.

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In regard thereto, application is disposed of as withdrawn with liberty to the applicant to file an appropriate application for bail before the court below within four weeks from date in terms of the decisions rendered in Amrawati (supra) as well as Lal Kamlendra Pratap Singh (supra).

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In the event, such an application is filed, it is expected that the court below shall decide/dispose of the application in terms of Amrawati (supra), Lal Kamlendra Pratap Singh (supra) and Brahm Singh (supra), strictly in accordance with law.

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It is clarified that the Court has not considered the contention of the learned counsel for the applicants on merit. Order Date :- 13.3.2018

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MN/-

Rajmani and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Rajmani and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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