Devendra Kumar Verma Vs State of U.P.and Another — Allahabad HC (2022) — LawSathi Research

Devendra Kumar Verma Vs State of U.P.and Another — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty granted to the applicant to move a discharge application before the court below, to be decided expeditiously in accordance with law, and liberty to move a bail application before the trial court, to be decided in view of the law laid down in Satender Kumar Antil versus Central Bureau of Investigation and another.

Issue for consideration

Whether the entire criminal proceedings of Case No. 375 of 2021, the charge sheet dated 26.01.2021 in Case Crime No. 678 of 2020 and the cognizance order dated 02.09.2021 should be quashed. +2 more

Ratio / Principle

Liberty is granted to the applicant to move a discharge application before the court below, and the same shall be decided expeditiously in accordance with law.

Key takeaways

Liberty is given to the applicant to move a bail application before the trial court, and the same shall be decided in view of the law laid down in Satender Kumar Antil versus Central Bureau of Investigation and another.ratio¶11

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Manish Kumar, J.), order dated 30.5.2022 in Application U/S 482 No. 12986 of 2022 (Devendra Kumar Verma v. State of U.P. and another). The applicant sought quashing of the entire criminal proceedings of Case No. 375 of 2021, the charge sheet dated 26.01.2021 submitted in Case Crime No. 678 of 2020 under Sections 452, 354 Kha, 504, 506 IPC (Police Station Khair, District Aligarh), and the cognizance order dated 02.09.2021 pending before the learned Judicial Magistrate, Khair. The quashing prayer was not decided on merits; at the request of counsel for the applicant, to which learned AGA raised no objection, the Court granted the applicant liberty to move a discharge application before the court below, to be decided expeditiously in accordance with law, and liberty to move a bail application before the trial court, to be decided in view of the law laid down by the Hon'ble Supreme Court in Satender Kumar Antil versus Central Bureau of Investigation and another (order dated 7.10.2021 in SLP (Cri) No. 5191 of 2021). With these observations, the petition was disposed of.

Court No. - 92

Case :- APPLICATION U/S 482 No. - 12986 of 2022

Applicant :- Devendra Kumar Verma Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Ishwar Chandra Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Manish Kumar,J.

Heard learned counsel for the petitioner and learned counsel for the opposite parties as well as perused the record.

The present petition under Section 482 Cr.P.C has been filed by the petitioners with the prayer to quash the entire criminal proceedings of Case No. 375 of 2021 as wwell as Charge Sheet dated 26.01.2021 submitted by the Investigation Officer in Case Crime No. 678 of 2020 under Section 452, 354 Kha, 504, 506 IPC, Police Station Khair, District /Aligarh alongwith Cognizance Order dated 02.09.2021 pending in the Court of learned Judicial Magistrate, Khair, District Aligarh.

After arguing at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant for moving a discharge application before the court below and the same may be decided expeditiously.

It is further prayed that liberty may also be given to the applicant to file bail application before the trial court which may be decided in view of law laid down 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.

Learned AGA has no objection to the prayer made by learned counsel for the applicant.

As prayed, liberty is granted to the applicant to move discharge application before the court below and the same shall be decided expeditiously in accordance with law.

As far as prayer made by learned counsel for the applicant to grant liberty to the applicant to file bail application and the same may be decided in in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra), liberty is given to the applicant to move bail application before the trial court and the same shall be decided in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra).

With the aforesaid observations, the present petition is disposed of.

Order Date :- 30.5.2022

Ashish

Digitally signed by ASHISH MISHRA Date: 2022.05.30 13:57:19 IST Reason: Location: High Court of Judicature at Allahabad