Disposed

Pankaj Srivastava v. State of U.P. Thru Addl Chief Secy Home Deptt Civil Sectt and Another

Allahabad HC7 Mar 2022/964/2022

Case brief

AI extract

What is this about?

This court disposed of an application under Section 482 Cr.P.C. for quashing a summons. The applicant withdrew the quashing petition and sought liberty to file a bail application in the trial court, which the court granted.

What did the court decide?

Liberty granted to file bail application before the trial court within fifteen days, to be disposed within ten days.

Pankaj Srivastava Vs State of U.P. Thru Addl Chief Secy… — Quashing and FIR | Allahabad HC (2022)

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Court No. - 16

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Case :- APPLICATION U/S 482 No. - 964 of 2022

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Applicant :- Pankaj Srivastava Opposite Party :- State Of U.P. Thru Addl Chief Secy Home Deptt Civil Sectt And Another Counsel for Applicant :- Bhanu Pratap Singh,Dharmendra Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the petitioner, learned AGA and perused the record.

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In view of order being proposed to be passed, notices to opposite party no.2 stand dispensed with.

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The present petition under Section 482 Cr.P.C. has been preferred by the petitioner for quashing the impugned summoning order dated 30.11.2021 passed by the First Additional Chief Judicial Magistrate, Raebareli in Complaint Case No. 1666 of 2019, under Section 323, 504, 506, 452 of IPC, Police Station Harchandpur, District Raebareli.

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Learned counsel for the petitioner has submitted that a complaint case was filed by the respondent no. 2 against the petitioner with an allegation/accusation that the complainant sold her land to co-accused Smt. Tarawati on 17.08.2019 and when the complainant demanded his dues, then co-accused Tarawati with collusion of petitioner and other co-accused persons had hurled abuses and beaten him with leg and fist. They had also threatened him to kill. It is further submitted that no such incident had ever occurred and the petitioner has falsely been implicated in the present case. It is further submitted that there is no injury report of the respondent no. 2.

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On the other hand, learned AGA has submitted that from the complaint made by opposite party no. 2 and the statements recorded under Sections 200 & 202 Cr.P.C. as well as the suit for cancellation of sale deed filed by the respondent no. 2, offence is made out against the petitioner and the submissions raised relate to the disputed questions of fact that whether any such incident had ever occurred is to be determined only after adducing the evidence in the trial. Learned Additional Government Advocate, however, controverts the submissions of learned counsel for the petitioner on the ground that this is not a stage where minute and meticulous exercise with regard to the

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appreciation of evidence may be done and truthfulness of the allegations could only be tested in a criminal trial and, therefore, the petition is misconceived and liable to be dismissed.

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At this stage, learned counsel for the petitioner submits that he does not want to press the petition and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court in order dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another.

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Learned AGA has no objection to the aforesaid prayer advanced by the learned counsel for the petitioner.

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On due consideration to the submissions of learned counsel for the parties', it is provided that in case, the petitioner appears before the trial court within fifteen days' from today and file bail application, the same shall be decided within a period of ten days, thereafter, in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra).

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The petition is disposed of accordingly.

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Order Date :- 7.3.2022 Ashish

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Digitally signed by ASHISH MISHRA Date: 2022.03.07 14:27:21 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Pankaj Srivastava v. State of U.P. Thru Addl Chief Secy Home Deptt Civil Sectt and Another

Case brief

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Pankaj Srivastava v. State of U.P. Thru Addl Chief Secy Home Deptt Civil Sectt and Another

Case brief

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