Disposed

Rajesh v. State of U.P. and Another

Allahabad HC7 Dec 2022A482/38096/2022

Case brief

AI extract

What is this about?

This High Court disposed of a Section 482 CrPC application filed to quash charge and cognizance orders, but specifically directed the applicant to appear and move a separate bail application regarding a non-bailable warrant.

What did the court decide?

Directing the applicant to appear within three weeks, move an application for cancellation of warrant or surrender with bail, and have it disposed expeditiously.

Rajesh Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2022)

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 38096 of 2022

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Applicant :- Rajesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aishwarya Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Syed Aftab Husain Rizvi,J.

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Heard learned counsel for the applicants, learned AGA for the State and perused the record.

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This application U/s 482 Cr.P.C. has been filed to quash the charge sheet no.157 of 2008 dated 26.12.2008 as well as cognizance order dated 28.02.2009 of case no.3973 of 2018 (State vs. Kanchhi Giri and ors) arising out of case crime no.128 of 2008 under sections 147, 148, 325, 323, 506 IPC, P.S. Cahnduas, Aligarh pending in the court of ACJM, IV, Aligarh.

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It is contended by learned counsel for the applicant that applicant was on bail and was appearing before the trial court but due to some unavoidable circumstances, he could not appear before the trial court. The trial court has issued nonbailable warrant against him. Learned counsel further contended that he is not pressing his prayer for quashing of the charge-sheet and cognizance order. He is confining his prayer only for direction of expeditious disposal of the bail application in view of guidelines propounded in Satendra Kumar Antil vs. Central Bureau of Investigation and ors, reported in 202(4) Crimes 139 (SC) case.

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Learned AGA opposed the prayer.

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Considering the submissions made by learned counsel for the applicant and the entire facts and circumstances of the case, this application U/s 482 Cr.P.C. disposed of with a direction that applicant may appear before the court below within three weeks from today and move application either for cancellation of warrant stating the reasons for his absence or for surrender and bail. Such application shall be considered by the trial court expeditiously in accordance with law.

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Order Date :- 7.12.2022 C. MANI

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Digitally signed by CHANDRAMANI VERMA Date: 2022.12.08 16:52:54 IST Reason: Location: High Court of Judicature at Allahabad

Rajesh v. State of U.P. and Another

Case brief

What is this about?

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Rajesh v. State of U.P. and Another

Case brief

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