Disposed

Bhanu Pratap v. Union of India and Another

Allahabad HC14 Sept 2022A482/11666/2022

Case brief

AI extract

What is this about?

The court disposed of an application seeking to quash summoning orders and criminal proceedings, granting liberty to file a time-bound discharge application before the lower court. The petition is finally disposed of without itself quashing the proceedings.

What did the court decide?

Liberty granted to file discharge application within two weeks for expedited disposal by lower court; impugned orders not quashed.

Bhanu Pratap Vs Union of India and Another — Writ and Judicial Review | Allahabad HC (2022)

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Court No. - 86 Case :- APPLICATION U/S 482 No. - 11666 of 2022 Applicant :- Bhanu Pratap Opposite Party :- Union Of India And Another Counsel for Applicant :- Abhijeet Pratap Singh,Hemendra Pratap Singh Counsel for Opposite Party :- A.S.G.I.,Krishna Agarawal

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State. Also heard Mr. Krishna Agarwal, learned counsel for the respondents.

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The present petition has been filed for quashing summoning order dated 9.7.2021 and order dated 22.11.2021 as also the entire proceedings of Complaint Case No.286 of 2021 Union of India through Intelligence Officer DRI varanasi versus Kasim and others under sections 8/20/27A/29/32 NDPS Act, DRI, Varanasi as regards the petitioner.

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After arguing at some length, learned counsel for the petitioner submits that it will suffice in case applicant may be permitted to move an application for discharge and the same may be decided by the trial court in a time bound manner.

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It is provided that in case, the applicant moves an appropriate application for discharge before the concerned Court below within a period of two weeks from today, the same shall be considered and disposed off as expeditiously as possible in accordance with law, by the concerned Court below preferably within a period of one month thereafter.

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The petitioner shall be at liberty to move an application under section 205 CrPC for exemption of appearance along with the discharge application. In case such application for exemption is filed, the same shall be considered prior to taking up discharge application.

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In case no such application is filed within a period of fifteen days from today, as prescribed above, the benefit of present order shall not be available to the applicant.

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With the aforesaid directions, this petition is finally disposed of. Order Date :- 14.9.2022/kkb.

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Digitally signed by KRISHNA KUMAR BARANWAL Date: 2022.09.14 16:39:18 IST Reason: Location: High Court of Judicature at Allahabad

Bhanu Pratap v. Union of India and Another

Case brief

What is this about?

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Bhanu Pratap v. Union of India and Another

Case brief

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