Disposed

Parvej and 2 Others v. State of U.P and Another

Allahabad HC5 May 2022A482/16659/2021

Case brief

AI extract

What is this about?

High Court granted liberty to applicants moving Application U/s 482 to file discharge application and bail application before the trial court, directing expedited disposal of both in accordance with the law laid down in Satender Kumar Antil.

What did the court decide?

Liberty granted to apply for discharge and bail; discharge to be decided expeditiously; bail to be decided within 15 days.

Parvej and 2 Others Vs State of U.P and Another — Cheque Dishonour | Allahabad HC (2022)

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Court No. - 92

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Case :- APPLICATION U/S 482 No. - 16659 of 2021

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Applicant :- Parvej And 2 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Manish Pandey,Sr. Advocate Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the applicants/petitioners and learned AGA for the State.

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The present petition has been preferred by the applicants/petitioners for quashing of charge-sheet no. 1 dated 12.09.2020 and supplementary charge-sheet no. 2 dated 08.01.2021 submitted by the Police in Case Crime no. 85/2020, under Sections 452, 323, 504, 506, 325 IPC and 3(1)(da) and (dha) of SC & ST (Prevention of Atrocities) Act, 1989, P.S. Kadaura, District Jalaun and to quash the summoning order dated 06.07.2021 passed by the Special Judge (SC & ST Act), Jalaun at Orai in S.T. No. 80/2021 in Crime No. 085/2020 (wrongly typed as 185/2020 in the order) under Sections 452, 323, 504, 506, 325 IPC and 3(1) (da) and (dha) of SC & ST (Prevention of Atrocities) Act, 1989.

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

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It is further prayed that liberty may also be given to the applicants 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.

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Learned AGA has no objection to the prayer made by learned counsel for the applicants/petitioners.

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The present petition is disposed of with liberty to the applicants/petitioners to move discharge application before the court below and the same shall be decided expeditiously in accordance with law.

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

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a period of fifteen days from the date of filing of the bail application in view of law laid down in the case of Satender Kumar Antil (supra).

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Order Date :- 5.5.2022 Nitesh

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Digitally signed by NITESH KUMAR TEWARY Date: 2022.05.05 17:40:59 IST Reason: Location: High Court of Judicature at Allahabad

Parvej and 2 Others v. State of U.P and Another

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What is this about?

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Parvej and 2 Others v. State of U.P and Another

Case brief

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