Dismissed

Ubaid Khan @ Dablu v. State of U.P. and Another

Allahabad HC6 Oct 2020A482/14569/2020

Case brief

AI extract

What is this about?

Single judge dismissed an application under Section 482 Cr.P.C. seeking quashing of charge-sheet and warrants but directed a stay on non-bailable warrant for 60 days to allow surrender and separate bail application consideration.

What did the court decide?

Application for quashing refused; non-bailable warrant kept in abeyance for 60 days pending surrender and bail application.

Ubaid Khan @ Dablu Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2020)

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Court No. - 2

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Case :- APPLICATION U/S 482 No. - 14569 of 2020 Applicant :- Ubaid Khan @ Dablu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Rai Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Chandra Dixit,J.

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Heard Sri Ashok Kumar Rai, learned counsel the applicant, Sri R.K. Srivastava, learned A.G.A. for the State and perused the record.

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The present application under Section 482 Cr.P.C. has been filed for quashing the Charge-sheet dated 11.1.2012 and cognizance dated 28.1.2012 as well as non-bailable warrants dated 25.7.2019 arising out of Case Crime No.568 of 2009, under Sections 406, 420 I.P.C., P.S. Singra, District Varanasi (State Vs. Gangotri Sharma and others).

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After having heard the learned counsel for the parties and perused the impugned order as well as the material brought on record, I am of the view that the impugned order is based upon relevant considerations and supported by cogent reasons, hence requires no interference by this Court. The prayer for quashing the same is hereby refused.

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However, it is directed that in case the applicant appears and surrender before the court below within sixty days from today and applies for bail, his prayer for bail 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.

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For a period of sixty days from today, non-bailable warrant issued against the applicant shall be kept in abeyance.

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In case, the applicant does not appear before the Court below within the aforesaid period, trial Court is free to take coercive action against him.

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It is made clear that the applicant will not be granted any further time by this Court for surrendering before the Court below as directed above.

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With the aforesaid observations, the application stands disposed of.

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Order Date :- 6.10.2020

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Anil K. Sharma

Ubaid Khan @ Dablu v. State of U.P. and Another

Case brief

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Ubaid Khan @ Dablu v. State of U.P. and Another

Case brief

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