Single judge order disposing of a Section 482 Cr.P.C. application seeking to quash criminal proceedings. Direction issued for respondent to appear and surrender within 15 days to apply for bail, which will be expedited, citing Satender Kumar Antil.
Direction to appear and surrender within 15 days for expedited bail hearing without quashing proceedings.
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Court No. - 87
Case :- APPLICATION U/S 482 No. - 12623 of 2022
Applicant :- Mustkeem Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash Tripathi,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
This application under Section 482 Cr.P.C. has been filed by applicant to quash the entire proceedings of the Criminal Case No. 4634/2021 (State Vs. Mustkeem) under Sections 420, 414 I.P.C., P.S.- Chhajlet, District- Moradabad arising out of Case Crime No. 206/2020, pending in the court of learned Additional Chief Judicial Magistrate, Court No. 4, Moradabad including charge sheet dated 30.09.2020 as well as cognizance/summoning order dated 23.03.2021.
Learned counsel for the applicant contended that no offence against the applicant is disclosed. Present case has been filed with a mala fide intention for the purposes of harassment. He further contended that the entire allegations made against the applicant are false and fabricated. The applicant is innocent and he has not committed any offence.
At this stage, learned counsel for 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.
The application is, therefore, disposed of with the direction that if the applicant appears and surrenders before the court concerned within 15 days from today and applies for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid down in the cases of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 and Brahm Singh and others Vs. State of U.P. and others, 2016 (95) ACC 950.
Order Date :- 8.8.2022 Sharad/-
Digitally signed by SHARAD KUMAR SRIVASTAVA Date: 2022.08.10 12:27:57 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the proceedings under Sections 420, 414 I.P.C. can be quashed under Section 482 Cr.P.C. due to alleged mala fide intent and fabrication.
Whether bail should be granted pending the hearing of the quashing application.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherExplained¶9
Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 · Who else cites this
Brahm Singh and others Vs. State of U.P. and othersExplained¶9
Brahm Singh and others Vs. State of U.P. and others, 2016 (95) ACC 950
1 provisions across 1 enactments
Mustkeem
State of U.P.
Om Prakash Tripathi
As recorded by the court registry
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