Dismissed

Atul Kumar v. State of U.P. Thru. the Chief Secy. Govt. of U.P. and Ors.

Allahabad HC22 Jul 2022/2581/2020

Case brief

AI extract

What is this about?

The Court dismissed合併 applications filed under Section 482 CrPC by a father and son challenging a chargesheet filed over 10 years prior. Finding no ground to interfere given the nature of the offence and the significant delay, the petitions were deemed devoid of merit.

What did the court decide?

Petitions challenging the delay in filing charge-sheet and seeking quashing of proceedings were dismissed.

Atul Kumar Vs State of U.P. Thru. the Chief Secy… — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 10

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1. Case :- APPLICATION U/S 482 No. - 2581 of 2020 Applicant :- Atul Kumar Opposite Party :- State Of U.P. Thru. The Chief Secy. Govt. Of U.P. And Ors. Counsel for Applicant :- In Person,Ashish Kumar Shukla,Rajesh Yadav Counsel for Opposite Party :- G.A.,Gaurav Mehrotra

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2. Case :- APPLICATION U/S 482 No. - 1844 of 2019 Applicant :- Mr. Nishant Kumar Gupta Opposite Party :- State Of U.P. Thru. Chief Secy. New Sectt. Lko And Another Counsel for Applicant :- N.K. Gupta In Person,S S Rajawat (Amicus Counsel for Opposite Party :- Govt. Advocate,Gaurav Mehrotra

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Hon'ble Dinesh Kumar Singh,J.

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1. Heard Mr.Ashish Kumar Shukla and Mr.Rajesh Yadav, learned counsel for the petitioner and Mr.Nishant Kumar Gupta in person, Mr.Gaurav Mehrotra, learned counsel appearing for respondent No.2 and Mr.Rao Narendra Singh, learned A.G.A. Counter affidavit filed on behalf of the State is taken on record.

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2. The petitioners in these two petitions are father and son. Chargesheet under Sections 406, 409, 417, 418, 467, 468, 420, 471, 120B, 34 IPC, Police Station Gomti Nagar, Lucknow was filed on 28.01.2009. These petitions have been filed after more than 10 years of filing of the charge-sheet questioning the very charge-sheet.

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3. Primary allegation against the petitioners is that they misled The Pradeshiya Industrial and Investment Corporation of U.P. Ltd., to advance financial assistance of Rs.15,00,000/- without there being any intention to pay it back and not even a single penny was paid.

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4. Considering the nature of offence and also the fact that chargesheet is challenged after more than 10 years, this Court finds no ground to interfere in the ongoing proceedings in pursuance to the charge-sheet and, therefore, these petitions being devoid of merit and substance, are hereby dismissed .

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( Dinesh Kumar Singh, J. )

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Order Date :- 22.7.2022 Digitally signed by PRATEEK prateek ARORA Date: 2022.07.22 18:53:43 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Atul Kumar v. State of U.P. Thru. the Chief Secy. Govt. of U.P. and Ors.

Case brief

What is this about?

What did the court decide?

Atul Kumar v. State of U.P. Thru. the Chief Secy. Govt. of U.P. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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