Disposed

Pradeep v. State of U.P. and Another

Allahabad HC7 Apr 2022A482/23606/2021

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., held that grounds for quashing were triable by the court below. Refused quashing prayer but granted a three-week stay on coercive action if the applicant surrenders to move a bail application under Satender Kumar Antil.

What did the court decide?

Refusal to quash order; three-week stay on coercive action if applicant surrenders to file bail.

Pradeep Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 23606 of 2021

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Applicant :- Pradeep Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Aslam,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant application under Section 482 Cr.P.C. is moved by the applicant for quashing the charge-sheet dated 14.02.2020 as well as summoning order dated 23.11.2020 passed by Civil Judge (Senior Division) Fast Track Court/Additional Chief Judicial Magistrate, Saharanpur in Criminal Case No. 1043 of 2020 (State vs. Rohtash and others), arising out of Case Crime No. 591 of 2019, under Sections 420, 468, 471 I.P.C., Police Station- Gangoh, District- Saharanpur, pending in the court of Civil Judge (Senior Division) Fast Track Court/Additional Chief Judicial Magistrate, Saharanpur.

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Learned counsel for the applicants has confined his argument to the law laid down by Hon'ble Apex court in Satender Kumar Antil v. Central Bureau of Investigation & Anr. reported in (2021) 10 SCC 773 and prayed for disposal of the bail application of applicant.

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From the perusal of record, it appears that grounds alleged in the application can be decided by the trial court, therefore, I do not find any cogent reason to interfere in the summoning order.

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The prayer for quashing of charge-sheet as well as summoning order is, hereby, refused.

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However, if the accused-applicant surrenders before the court below and moves bail application within a period of three weeks from today, the court below shall decide the bail application according to the law laid down in Satender Kumar Antil (supra) .

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For a period of three weeks from today, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him.

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The present application under Section 482 Cr.P.C. is, accordingly, disposed of .

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Order Date :- 7.4.2022 Vikas

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Digitally signed by VIKAS VERMA Date: 2022.04.07 17:15:24 IST Reason: Location: High Court of Judicature at Allahabad

Pradeep v. State of U.P. and Another

Case brief

What is this about?

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Pradeep v. State of U.P. and Another

Case brief

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