Disposed

Raj Kumar v. State of U.P.

Allahabad HC5 May 2022A482/17564/2021

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What is this about?

This Order under Section 482 CrPC disposed of an application to quash proceedings. The court granted liberty to the applicant to move a discharge application and file a bail application, directing the lower court to decide them expeditiously in accordance with the law laid down in Satender Kumar Antil.

What did the court decide?

Liberty to move discharge application and file bail application within fifteen days; both to be decided expeditiously per Satender Kumar Antil.

Raj Kumar Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 92

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Case :- APPLICATION U/S 482 No. - 17564 of 2021

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Applicant :- Raj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sharad Kumar Srivastava 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 filed with the prayer to quash the entire proceeding of Case No.6071/2021, in Case Crime No.225/2017, Under Section 3/25 of Arms Act, Police Station - Jahanabad, District - Fatehpur, pending before the Court of Additional Civil Judge (J.D.)/ J.M. Court No.3, Fatehpur, alongwith the Charge-sheet dated 29.01.2018 filed in this case and cognizance and summoning order dated 23.07.2021 passed by Additional Civil Judge (J.D.)/J.M. Court No.3, Fatehpur.

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After arguing at some length, learned counsel for the applicants/petitioners has submitted that liberty may be given to the applicant/petitioner 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 A.G.A. 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 within fifteen days and the same shall be decided in view of law laid down in the case of Satender Kumar Antil (supra).

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Order Date :- 5.5.2022 S. Kumar

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Digitally signed by SANTOSH KUMAR Date: 2022.05.06 09:41:06 IST Reason: Location: High Court of Judicature at Allahabad

Raj Kumar v. State of U.P.

Case brief

What is this about?

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Raj Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

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