Sadan Kushwaha Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2022)

Sadan Kushwaha Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2022)

What the court decided

AI extract

Outcome

Direction to the court below (trial court) that if the applicant appears within three weeks and moves a bail application, the bail application shall be decided on the basis of the law laid down by the Apex Court in Satender Kumar Antil; the quashing prayer was not pressed and the application was disposed of with these directions.

Issue for consideration

Whether the charge sheet dated 12.11.2021 and the summoning/cognizance order dated 6.12.2021 arising out of Case Crime No. 654 of 2020 (Sections 482, 420 and 511 IPC, P.S. Kannauj, District Kannauj) should be quashed. +1 more

Ratio / Principle

It is directed that if the applicant appears before the trial court within three weeks and moves a bail application, the bail application shall be decided by the court below on the basis of the law laid down by the Apex Court in Satender Kumar Antil.

Key takeaways

With the above directions/observations, the present application is disposed of; the quashing prayer having been given up, no adjudication was made on the charge sheet or the cognizance order.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Sameer Jain, J.), order dated 24.8.2022, in APPLICATION U/S 482 No. 25464 of 2022 - Sadan Kushwaha v. State of U.P. and Another. The applicant sought quashing of the charge sheet dated 12.11.2021 and the summoning/cognizance order dated 6.12.2021 arising out of Case Crime No. 654 of 2020, under Sections 482, 420 and 511 IPC, Police Station Kannauj, District Kannauj, pending before the Chief Judicial Magistrate, Kannauj. Counsel for the applicant did not press the quashing prayer and confined the request to a direction that the applicant's bail application be decided in the light of the law laid down by the Apex Court in Satender Kumar Antil Vs. Central Breau of Investigation, 2021 (10) SCC 773 and MANU/SC/0851/2022; the learned AGA raised no objection. Held: if the applicant appears before the trial court within three weeks and moves a bail application, the court below shall decide it on the basis of the law laid down in Satender Kumar Antil (supras). With these directions/observations, the application was disposed of.

Court No. - 87

Case :- APPLICATION U/S 482 No. - 25464 of 2022

Applicant :- Sadan Kushwaha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

Heard Sri Manoj Kumar Srivastava, learned counsel for the applicant, Dr. S.B.Maurya, learned AGA-I, for the State, and perused the record of the case.

By way of the present application, the applicant has made a prayer to quash the charge sheet dated 12.11.2021 arising out of Case Crime No. 654 of 2020, under Sections 482, 420 and 511 IPC, Police Station Kannauj, District Kannauj pending before the Chief Judicial Magistrate, Kannauj and as well as summoning/cognizance order dated 6.12.2021.

At the very outset, learned counsel for the applicant submits that he does not want to press the prayer made in the application. He confines his prayer only to the extent that a direction be given to the court concerned to decide the bail application of the applicant in the light of the law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Breau of Investigation, reported in 2021 (10) SCC 773 and Satender Kumar Antil Vs. Central Breau of Investigation and others, MANU/SC/0851/2022.

Learned AGA is having no objection, if such a direction is given to the court concerned to decide the bail application of the applicant in the light of the judgments of the Apex Court in the case of

Satender Kumar Antil (supras).

Accordingly, it is directed that if applicant appears before the trial court within three weeks from today and move bail application then his bail application shall be decided by the court below on the basis of law laid down by the Apex Court in the case of Satender Kumar Antil (supras).

With these direction/observation, the present application is, accordingly, disposed of.

Order Date :- 24.8.2022 SKM

Digitally signed by SHRAVANA KUMAR MISHRA Date: 2022.08.25 13:14:03 IST Reason: Location: High Court of Judicature at Allahabad