Disposed

Sevalal v. State of U.P. and Another

Allahabad HC26 Apr 2022A482/5746/2022

Case brief

AI extract

What is this about?

In a Section 482 Cr.P.C. petition challenging proceedings under Section 138 NI Act, the applicant sought liberty to file a bail application in the trial court. The court granted this liberty, renewable within 15 days, and disposed of the petition accordingly.

What did the court decide?

Liberty granted to file bail application before trial court within 15 days; bail to be decided within 10 days.

Sevalal Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2022)

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Court No. - 92

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Case :- APPLICATION U/S 482 No. - 5746 of 2022

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Applicant :- Sevalal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the petitioner, learned AGA and perused the record.

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The present petition under Section 482 Cr.P.C. has been preferred by the petitioner for quashing the entire proceedings of Complaint Case No. 357 of 2017, under Sections 138 of Negotiable Instrument Act, Police Station Chhatari, District Bulandshahar, arising out of summoning order dated 06.06.2018 and Bailable Warrant 5,000/- dated 18.02.2020 passed by learned Judicial Magistrate/Additional Civil Judge (Junior Division) Khurja, Bulandshahar, pending in the Court of Judicial Magistrate/Additional Civil Judge (Junior Division) Khurja, Bulandshahar.

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After arguing at some length learned counsel for the petitioner submits that he does not want to press the petition and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court in order dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another .

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Learned A.G.A. has no objection to the prayer made by learned counsel for the petitioner.

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On due consideration to the submissions of learned counsel for the parties', liberty is granted to the petitioner to move an application for grant of bail before the trial court within fifteen

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days' from today and the same shall be decided within ten days', thereafter, in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra).

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The petition is disposed of accordingly.

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Order Date :- 26.4.2022

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Ashish

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Digitally signed by ASHISH MISHRA Date: 2022.04.26 17:51:04 IST Reason: Location: High Court of Judicature at Allahabad

Sevalal v. State of U.P. and Another

Case brief

What is this about?

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Sevalal v. State of U.P. and Another

Case brief

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