Application under Section 482 Cr.P.C. to quash proceedings was dismissed. The Court directed that if the applicant applies for bail within 30 days, such application will be heard and disposed of expeditiously before the concerned court.
Application to quash refused. Bail to be heard expeditiously if applied for within 30 days.
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Court No. - 74
Case :- APPLICATION U/S 482 No. - 15024 of 2021
Applicant :- Babu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shobhit Pathak Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Shobhit Pathak, learned counsel for the applicant and learned AGA for the State and also perused the material available on record.
By means of the application under Section 482 Cr.P.C., the applicant has invoked inherent jurisdiction of the Court with a prayer to quash the charge-sheet no.73 of 2020 dated 07.07.2020 as well as cognizance order dated 01.09.2020 as also the entire proceedings of Case No.1577 of 2020 (State Vs. Babu) arising out of Case Crime No.0014 of 2020, under Sections 420, 406 IPC, Police Station-Nagphani, DistrictMoradabad.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant has not committed any offence as alleged in the First Information Report. It has also been prayed that a direction be issued to the court below to consider and decide the bail application of the applicant expeditiously in accordance with law.
In view of the above, relief as prayed for in the application is refused.
However, considering the prayer made by the learned counsel for the applicant, it is provided that in case, the applicant appears before the court concerned within 30 days from today
and applies for bail, the same shall be heard and disposed of expeditiously.
With the above directions, this application is disposed of finally. Order Date :- 7.12.2021 Siddhant
2 issues framed by the court
Whether the application to quash chargesheet and proceedings under Section 482 Cr.P.C. should be allowed.
Whether bail of the applicant should be heard expeditiously.
1 provisions across 1 enactments
Babu
State of U.P.
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
