Disposed

Sachin and Another v. State of U.P. and Another

Allahabad HC30 Mar 2022A482/18992/2021

Case brief

AI extract

What is this about?

In this brief order, the Allahabad High Court refused to quash the summoning order or criminal proceedings under Section 302 IPC. However, it granted liberty to the appellants to file applications for discharge and bail before the court below, directing them to decide these applications expeditiously.

What did the court decide?

The petitioners were granted liberty to move for discharge and bail before the court below; the petition to quash was not disposed of on merits.

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

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Court No. - 92

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Case :- APPLICATION U/S 482 No. - 18992 of 2021

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Applicant :- Sachin And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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Heard Sri Anurag Dubey, 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 the summoning order dated 15.02.2020 and for quashing of the entire criminal proceedings of complaint case no. 5187 of 2018 under Section 302 IPC, P.S. Kuravali, District Mainpuri pending in the court of CJM, Mainpuri.

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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.

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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 within a period of fifteen days and the same shall be decided expeditiously in accordance with law.

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At this stage, learned counsel for the applicants/petitioners has submitted that liberty may also be given to the applicants/petitioners to move bail application before the court below and the same shall be decided in the light of the judgment of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 and judgment of the Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC) and in Hussain and Ors. Vs. Union of India (UOI) and Ors. reported in MANU/SC/0274/2017.

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As prayed, the applicants/petitioners are at liberty to move bail application and the same shall be decided in the light of judgment in the case of Amrawati (supra) and judgments of Hon'ble Apex Court in the cases of Lal Kamlendra Pratap Singh (supra) and Hussain (supra) .

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Order Date :- 30.3.2022 Nitesh

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Digitally signed by NITESH KUMAR TEWARY Date: 2022.03.31 09:21:30 IST Reason: Location: High Court of Judicature at Allahabad

Sachin and Another v. State of U.P. and Another

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Sachin and Another v. State of U.P. and Another

Case brief

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