Disposed

Ashok Baba @ Ashok Panth v. State of U.P. and 2 Others

Allahabad HC22 Nov 2019A482/41779/2019

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. for quashing of proceedings was disposed of as withdrawn. Applicant granted liberty to file bail application within four weeks in accordance with cited precedents. Court expressly stated it did not consider the contention on merit.

What did the court decide?

Application disposed as withdrawn with liberty to file bail application within four weeks in accordance with cited decisions.

Ashok Baba @ Ashok Panth Vs State of U.P. and 2… — Writ and Judicial Review | Allahabad HC (2019)

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Court No. - 66

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Case :- APPLICATION U/S 482 No. - 41779 of 2019

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Applicant :- Ashok Baba @ Ashok Panth Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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

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This application under Section 482 Cr.P.C. has been filed for quashing the order dated 09.04.2018 as well as entire proceeding against the applicants in case no. 1638 of 2018 (F.R. No. 142 of 2017) (Smt. Khilan Versus Ashok Baba and others) relating to Case Crime No. 852 of 2016, under Section 376, 420, 406, 504, 506, 120B I.P.C. and 63-64 of the Copyright Act, P.S. Kotwali Lalitpur, District Lalitpur.

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After advancing argument at length, learned counsel for the applicants would submit that applicant would be satisfied in case a direction is issued to the court below to consider the bail application of the applicant 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 applicant.

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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.

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Order Date :- 22.11.2019 Dhirendra/

Ashok Baba @ Ashok Panth v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Ashok Baba @ Ashok Panth v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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