Disposed

Bhagwat Prasad @ Sardar v. State of U.P. and Another

Allahabad HC27 Jul 2022A482/10258/2022

Case brief

AI extract

What is this about?

The High Court disposed of a Section 482 Cr.P.C. application seeking quashing of prosecution by directing the applicant to file a bail application before the trial court within 15 days, relying on Satender Kumar Antil and Brahm Singh.

What did the court decide?

Direction to appear before the trial court within 15 days and move an application for bail which shall be disposed of in view of law.

Bhagwat Prasad @ Sardar Vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 87

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Case :- APPLICATION U/S 482 No. - 10258 of 2022

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Applicant :- Bhagwat Prasad @ Sardar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yashwant Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash Tripathi,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present 482 Cr.P.C. application has been filed to quash the impugned cognizance order dated 18.02.2021 passed by learned Civil Judge (Junior Dvision)/Judicial Magistrate, Mauranipur, District Jhansi and impugned charge sheet dated 06.12.2021 as well as entire proceeding of Criminal Case No.227 of 2022 (State vs. Bhagwat Prasad @ Sardar and others) arising out of Case Crime No.158 of 2021, under Sections 452, 323, 504, 506 IPC, Police Station Lehchura, District Jhansi, pending in the Court of learned Civil Judge (Junior Division)/ Judicial Magistrate, Mauranipur, District Jhansi.

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Learned counsel for the applicant submits that the civil suit is pending before the court below regarding disputed land. The land has been allotted to the applicant by the land management committee in 2019. The applicant is residing in Village Chat Lehchura, Police Station Lehchura, District Jhansi.

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At this stage, learned counsel for the applicant only submitted that if a direction is issued to the Trial Court regarding bail, the order in that regard will meet the ends of justice.

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The application is, therefore, disposed of with a direction that if the applicant appears before the court below within 15 days from today and moves an application for bail, it shall be disposed of in view of law laid down in Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 and Brahm Singh and others vs. State of UP and others, 2016 (95) ACC 950. Order Date :- 27.7.2022

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Monika

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Digitally signed by MONIKA KESARWANI Date: 2022.07.27 14:36:05 IST Reason: Location: High Court of Judicature at Allahabad

Bhagwat Prasad @ Sardar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Bhagwat Prasad @ Sardar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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