Dismissed

Vijay Singh v. State of U.P. and Another

Allahabad HC3 Aug 2021A482/3230/2021

Case brief

AI extract

What is this about?

Single-judge court dismissed an application under Section 482 Cr.P.C. seeking quashing of complaint and N.B.W. proceedings under Section 138 NI Act. Court refused quashing but issued a protective direction for deciding a potential bail application within three weeks.

What did the court decide?

Prayer for quashing refused; protective direction issued for lower court to consider bail application if filed within three weeks.

Vijay Singh Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2021)

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Court No. - 81

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Case :- APPLICATION U/S 482 No. - 3230 of 2021

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Applicant :- Vijay Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Chandra Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Shamim Ahmed,J.

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Heard Shri Mukesh Chandra Gupta, learned counsel for the applicant as well as learned A.G.A. and perused the record.

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Learned counsel for the applicant is permitted to correct the prayer of this application during the course of the day.

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This application u/s 482 Cr.P.C. has been filed for quashing further proceedings of Complaint Case No.1224 of 2016 (Bhagwan Singh Vs. Vijay Singh) as well as quash the proceedings of N.B.W. dated 15.09.2018 passed by A.C.J.M., Jhansi, Court No.2, under Section 138 N.I. Act, Police Station - Babina, District - Jhansi, which is pending in the Court of Additional Chief Judicial Magistrate, Court No.2, District Jhansi.

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The Court does not see any illegality, impropriety and incorrectness in the impugned order under challenge and also there seem to be no abuse of court's process. There is no good ground to interfere in the same, therefore, the prayer for quashing of the further proceedings of complaint as well as proceedings of N.B.W. dated 15.09.2018 is refused.

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Learned counsel for the applicant submits that as it is being desired by the accused to obtain bail after surrendering in the court below, a protective direction may be issued to the lower court to decide the proposed bail application.

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In view of the peculiar facts and circumstances of the case, it is directed that in case after surrendering in the court below an application for bail is moved on behalf of the accused within three weeks from today, the same shall be considered and decided in accordance with law.

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It is made clear that if this order is not availed by the accused within stipulated period of time, no time extension application shall be entertained.

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It is further clarified that the present order has been passed only

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with regard to the accused on behalf of whom this application u/s 482 Cr.P.C. has been moved in this Court.

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With the aforesaid observations, this application is finally disposed off .

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Order Date :- 3.8.2021 Zafar

Vijay Singh v. State of U.P. and Another

Case brief

What is this about?

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Vijay Singh v. State of U.P. and Another

Case brief

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