Dismissed

Surendra Kumar and 3 Others v. State of U.P. and Another

Allahabad HC4 Apr 2022A482/4102/2022

Case brief

AI extract

What is this about?

The Court dismissed an application seeking quashing of a charge sheet under Section 482 CrPC, finding allegations sufficient to disclose a cognizable offence. The prayer for specific directions on bail was rejected by referring to apex court guidelines.

What did the court decide?

Application for quashing of charge sheet rejected; prayer for bail directions dismissed.

Surendra Kumar and 3 Others Vs State of U.P. and… — Writ and Judicial Review | Allahabad HC (2022)

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 4102 of 2022

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Applicant :- Surendra Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Indra Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,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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This application has been filed for quashing of the charge sheet dated 20.11.2020 of Criminal Case No.4118 of 2021 (State Vs. Surendra) arising out of Case Crime no. 203 of 2020, under sections 354, 452, 323, 504, 506 IPC, P.S. Tirwa, District Kannauj, pending in the court of Civil Judge (Junior Division)/F.T.C.-II, Kannauj.

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On perusal of the record, the Court finds that the allegations made in the first information report disclose commission of a cognizable offence and those allegations have found support from the material collected during the course of investigation on the basis whereof the police has laid a charge sheet against the applicant.

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At this, Court, in exercise of its power under section 482 Cr.P.C., is not required to assess the correctness of the allegation and the reliability of the material collected during the course of investigation, the prayer to quash the charge sheet and the consequential proceeding is rejected.

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At this stage, the learned counsel for the applicant submits that the applicant has so far not been arrested in the above case and the police is seeking to arrest the applicant and there may be coercive processes issued against the applicant by the court concerned therefore, some direction may be issued to the court concerned for consideration of the bail prayer of the applicant.

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As the Apex Court in Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No. 5191 of 2021, decided on 07.10.2021) has already laid down guidelines for grant of bail, without fettering the discretion of the courts concerned and the statutory provisions governing consideration in grant of bail, no specific direction need be issued by this Court as it is expected that the court concerned will take into consideration the necessary

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guidelines already issued by the Apex court.

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With the aforesaid observations, the application is disposed off.

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Order Date :- 4.4.2022 Saif

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Digitally signed by SHAIKH SAIF ABDIN Date: 2022.04.05 09:59:45 IST Reason: Location: High Court of Judicature at Allahabad

Surendra Kumar and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Surendra Kumar and 3 Others v. State of U.P. and Another

Case brief

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What did the court decide?

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