Partly allowed

Abdul Gaffar v. State of U.P. and Another

Allahabad HC6 Apr 2022A482/22737/2021

Case brief

AI extract

What is this about?

In this application under Section 482 Cr.P.C., the applicant sought quashing of a charge sheet and cognizance order. The court, relying on a Supreme Court order, granted liberty to the applicant to file a bail application before the trial court within fifteen days.

What did the court decide?

Liberty granted to the petitioner to move an application for grant of bail before the trial court within fifteen days.

Abdul Gaffar Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 92

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Case :- APPLICATION U/S 482 No. - 22737 of 2021

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Applicant :- Abdul Gaffar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Piyush Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the petitioner, learned AGA and perused the record.

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The present petition under Section 482 Cr.P.C. has been preferred by the petitioner for quashing the Charge Sheet no. 211 of 2021, dated 12.06.2021 and the Cognizance order dated 17.08.2021 passed by Judicial Magistrate, Mauranipur, Jhansi in connection with Case Crime No. 192 of 2021, under Sections 420, 406 IPC and under Section 3/4 of the Dowry Prohibition Act, Police Station Mauranipur, District Jhansi as well as the entire proceedings of Case No. 1878 of 2021, in Case Crime No. 192 of 2021 under Sections 420, 406 IPC and under Sections 3/4 of the DP Act, Police Station Mauranipur, District Jhansi pending in the Court of Judicial Magistrate, Mauranipur, Jhansi.

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After arguing at some length learned counsel for the petitioner submits that he does not want to press the petition and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid 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 petitioner.

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On due consideration to the submissions of learned counsel for

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the parties', liberty is granted to the petitioner to move an application for grant of bail before the trial court within fifteen days' from today and the same shall be decided within ten days', thereafter, in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra).

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The petition is disposed of accordingly.

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Order Date :- 6.4.2022

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Ashish

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Digitally signed by ASHISH MISHRA Date: 2022.04.06 14:05:42 IST Reason: Location: High Court of Judicature at Allahabad

Abdul Gaffar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Abdul Gaffar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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