Mool Chandra Kushwah Vs State of U.P. and Another — Allahabad HC (2022) — LawSathi Research

Mool Chandra Kushwah Vs State of U.P. and Another — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of without entering into merits; petitioner permitted to surrender before the trial court within fifteen days and apply for bail (to be decided expeditiously per Satender Kumar Antil); after release, liberty to file a discharge application to be decided on merit within two months of filing.

Issue for consideration

Whether the proceedings of Crl. Case No.1389 of 2020 (State v. Neeraj Kumar Varshney and others) arising out of Case Crime No.0205 of 2019 and the cognizance order dated 15.10.2020 should be quashed.

Court's answer

Without entering into the merits, the petition is disposed of, permitting the petitioner to surrender before the trial court within fifteen days and file a bail application, which is to be decided expeditiously in view of the law laid down by the Apex Court in Satender Kumar Antil (supra).

Ratio / Principle

After release on bail, the petitioner is at liberty to file a discharge application, and if filed, it shall be decided on merit within two months from the date of filing.

Detailed headnote1 paragraphs

Allahabad High Court (Karunesh Singh Pawar, J.; Order dated 21.9.2022) in Application U/S 482 No. 28786 of 2022 filed by Mool Chandra Kushwah seeking quashing of the proceedings of Crl. Case No.1389 of 2020 (State v. Neeraj Kumar Varshney and others) arising out of Case Crime No.0205 of 2019 under Sections 3/7, Essential Commodities Act, P.S. Gangiri, district Aligarh, pending before ACJM-I, Aligarh, and the cognizance order dated 15.10.2020. Counsel for the petitioner, after arguing at some length, sought leave to file a discharge application and to surrender and apply for bail in view of the law laid down in Satender Kumar Antil v. CBI, SLP (Crl.) No.5191/2021; the learned A.G.A. raised no objection. The Court disposed of the petition without entering into the merits, permitting the petitioner to surrender before the trial court within fifteen days and file a bail application to be decided expeditiously in view of Satender Kumar Antil (supra); after release on bail, the petitioner may file a discharge application, which shall be decided on merit within two months of its filing.

Court No. - 86

Case :- APPLICATION U/S 482 No. - 28786 of 2022

Applicant :- Mool Chandra Kushwah Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devi Dayal Counsel for Opposite Party :- G.A.

Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the petitioner and learned A.G.A. for the State.

The present 482 Cr.P.C. petition has been filed to quash the impugned proceedings of Crl. Case No.1389 of 2020 State versus Neeraj Kumar Varshney and others arising out of case crime No.0205 of 2019 under sections 3/7 Essential Commodities Act, P.S. Gangiri, district Aligarh, pending in the court of ACJM-I, Aligarh as also cognizance order dated 15.10.2020.

Learned counsel for the petitioner, after arguing the matter at some length, has submitted that he may be permitted to file discharge application. He has also prayed that he may be permitted to surrender and apply for bail before the court below and the same may be decided in view of law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation & Anr, Petition(s) for Special Leave to Appeal (Crl.) No(s).5191/2021.

Learned A.G.A. has no objection to this innocuous prayer of learned counsel for the petitioner.

Accordingly, without entering into merits of the case, the present petition is disposed of permitting the petitioner to surrender before the trial court within fifteen days from today and file bail application, which may be decided expeditiously by the learned trial court in view of law laid down by the Apex Court in Satender Kumar Antil (supra).

After release on bail, the petitioner is at liberty to file a discharge application. If discharge application is filed, the same shall be decided within a period of two months on merit from the date of filing of discharge application.

Order Date :- 21.9.2022 kkb.

Digitally signed by KRISHNA KUMAR BARANWAL Date: 2022.09.21 16:12:41 IST Reason: Location: High Court of Judicature at Allahabad