Disposed

Madan Chandra Shukla and Another v. State of U.P. and Another

Allahabad HC29 Sept 2022A482/25353/2022

Case brief

AI extract

What is this about?

The Hon'ble High Court directed the lower court to consider the applicants' impending bail application under Satender Kumar Antil guidelines. The court disposed of the Section 482 Cr.P.C. application as the applicants chose not to press their prayer for quashing.

What did the court decide?

Direction given to the lower court to decide the bail application within three weeks; application disposed off.

Madan Chandra Shukla and Another Vs State of… — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 25353 of 2022

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Applicant :- Madan Chandra Shukla And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dheeraj Kumar Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Dheeraj Kumar Dwivedi, learned counsel for the applicants and Sri Jhmman Ram, learned AGA appearing on behalf of the State-respondent.

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By way of filing present application u/s 482 Cr.P.C. applicants prayed to quash the criminal case No. 8219 of 2020, under Sections 406, 420, 323, 504 & 506 IPC, pending in the court of Chief Metropolitan Magistrate, Kanpur Nagar as well as charge sheet dated 21.11.2019.

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At the very outset, learned counsel for the applicants submitted that he does not want to press the prayer made in the present application. He further submitted that he only confines his prayer to pass direction to the lower court that when the applicants will appear and apply for bail then their bail application shall be decided in view of the observation made by the Apex Court in the cases of Satender Kumar Antil Vs. CBI & others reported in [2021 (10) SCC 773] and Satender Kumar Antil Vs. CBI & others reported in [MANU/SC/0851/2022] .

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Learned AGA submitted that he has no objection if such direction is given as learned counsel for the applicants himself do not want to press the prayer made in the present application u/s 482 Cr.P.C. and only confine to his prayer that a suitable direction may be given to the court below in view of the Apex Court judgements passed in the cases of Satender Kumar Antil (supras) .

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In the aforesaid facts and circumstances of the case, it is directed that if the applicants appear before the court below within three weeks from today and apply for bail then their bail application shall be decided by the court below in view of law laid down by the Apex Court in the cases of Satender Kumar Antil(supras).

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With the aforesaid observation, the present application u/s 482 Cr.P.C. is disposed off .

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Order Date :- 29.9.2022/Ankita

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Digitally signed by ANKITA SRIVASTAVA Date: 2022.10.01 17:34:25 IST Reason: Location: High Court of Judicature at Allahabad

Madan Chandra Shukla and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Madan Chandra Shukla and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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