Disposed

Manish Mehrotra v. State of U.P. and Anr.

Allahabad HC5 Mar 2019A482/7560/2019

Case brief

AI extract

What is this about?

The High Court disposed of a Section 482 Cr.P.C. application filed by the applicant to quash the charge-sheet and cognizance order. Counsel gave up the quashing prayer and sought protection. The Court directed that for 45 days, no coercive action be taken against the applicant and directed the lower courts to dispose of bail and discharge applications expeditiously if applied for within 45 days.

What did the court decide?

No coercive action for 45 days; direction to lower courts for expedited disposal of bail and discharge applications.

Manish Mehrotra Vs State of U.P. and Anr. — Civil Procedure and Limitation | Allahabad HC (2019)

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 7560 of 2019

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Applicant :- Manish Mehrotra Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Udai Chandani Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicant and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties.

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This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the charge-sheet dated 2.7.2017 arising out of Case Crime No. 225 of 2017 as well as cognizance order dated 01.12.2018 (State Vs. Manish Mehrotra), under Sections 406, 452, 323, 504, 506, 354(A) & 354 (B) IPC, Police Station Bhelupur, District - Varanasi pending in the court of Additional Chief Judicial Magistrate, Court No. III, Varanasi.

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The learned counsel for the applicant after advancing his arguments at some length, gave up his challenge to the aforesaid impugned charge-sheet dated 2.7.2017 against the applicant and requested to grant some protection, so that applicant may surrender before the court below. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application and prayed that a direction be issued to the courts below to consider and decide the bail application as well as discharge application of the applicant expeditiously in accordance with law.

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Considering the prayer made by the learned counsel for the applicant, it is directed that in case applicant appears before the concerned court below within 45 days from today and applies for bail, the bail application of the applicant shall be heard and disposed of expeditiously by the courts below in accordance with settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Criminal Law Journal 755 as well as judgement passed by Hon'ble Apex Court in (2009) 4 Supreme Court Cases, 437 Lal Kamlendra Pratap Singh Vs. State of U.P.

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For the period of 45 days from today, no coercive action shall

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be taken against the applicant.

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In case applicant moves discharge application at the appropriate stage, the same shall be decided by speaking order in accordance with law.

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With the above observations, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 5.3.2019 AK Pandey

Manish Mehrotra v. State of U.P. and Anr.

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Manish Mehrotra v. State of U.P. and Anr.

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