Disposed

Jagdish and 2 Others v. State of U.P. and Another

Allahabad HC11 Apr 2022A482/4615/2022

Case brief

AI extract

What is this about?

Applicants sought quashing of summoning order under Section 482 Cr.P.C. Court refused quashing as issues are triable by the trial court but directed bail consideration upon surrender within three weeks without coercive action.

What did the court decide?

Application dismissed; bail to be considered if accused surrenders within three weeks in terms of Satender Kumar Antil.

Jagdish and 2 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 4615 of 2022

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Applicant :- Jagdish And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjeev Kumar Trivedi Counsel for Opposite Party :- G.A.,Ravi Bala,Sarvesh Kumar Dubey

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Hon'ble Mohd. Aslam,J.

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Heard learned counsel for the parties as well as learned A.G.A. for the State and perused the record.

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The instant application under Section 482 Cr.P.C. is moved by the applicants for quashing the summoning order dated 04.01.2022 as well as the entire proceedings of Complaint Case No. 281 of 2021 (Vinod Kumar vs. Jagdish and others), under Sections 392, 324, 504 I.P.C., Police Station- Kannauj, DistrictKannauj, pending before Special Judge (Dacoity Affected Areas) Additional District & Sessions Judge/Fast Track Court No.2, Kannauj.

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Learned counsel for the applicants has confined his argument to the law laid down by Hon'ble Apex court in Satender Kumar Antil v. Central Bureau of Investigation & Anr. reported in (2021) 10 SCC 773 and prayed for disposal of the bail application of applicants.

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From the perusal of record, it appears that grounds alleged in the application can be decided by the trial court, therefore, I do not find any cogent reason to interfere in the cognizance/summoning order.

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The prayer for quashing of proceedings is, hereby, refused.

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However, if the accused-applicants surrender before the court below and move bail application within a period of three weeks from today, the court below shall decide the bail application according to the law laid down in Satender Kumar Antil (supra) .

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For a period of three weeks from today, no coercive action shall be taken against the applicants in the aforesaid case.

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The application under Section 482 Cr.P.C. is, accordingly, disposed of .

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Order Date :- 11.4.2022 Vikas

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Digitally signed by VIKAS VERMA Date: 2022.04.13 11:19:19 IST Reason: Location: High Court of Judicature at Allahabad

Jagdish and 2 Others v. State of U.P. and Another

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Jagdish and 2 Others v. State of U.P. and Another

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