Disposed

Dilip Patwa and Another v. State of U.P. and Another

Allahabad HC19 Jul 2022A482/6688/2022

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What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. to quash summoning orders in a private complaint. The court directed the applicants to surrender within 15 days and apply for bail, promising expeditious hearing, without deciding the merits of the quashing plea.

What did the court decide?

Direction to appear and surrender within 15 days and apply for bail, to be heard expeditiously.

Dilip Patwa and Another Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 87

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Case :- APPLICATION U/S 482 No. - 6688 of 2022

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Applicant :- Dilip Patwa And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amar Nath Tiwari,Brij Lal Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash Tripathi,J.

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Heard learned counsel for applicants and learned A.G.A. for State.

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This application under Section 482 Cr.P.C. has been filed with a prayer to quash the impugned summoning order dated 26.03.2021 passed by learned Additional Chief Judicial Magistrate, First Gorakhpur in Complaint Case No. 14322 of 2020 (Dharmendra Kumar Vs. Brajesh Bharti and others), under Sections 452, 323, 506, 354 I.P.C. (against applicant no. 1) whereas under Sections 452, 323, 506 I.P.C. (against applicant no. 2), P.S.- Khorabar, District- Gorakhpur, pending in the court of learned Additional Chief Judicial Magistrate, First, Gorakhpur.

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Learned counsel for the applicants contended that applicant is Uncle of applicant no. 2. Vijay was serving at the house of applicant no. 1. Opposite party no. 2 is brother of applicant no. 1. It is submitted that Case Crime No. 821/2018 has been lodged by Bhagwanti Devi against Dharmendra Kumar and Dinesh in which applicant is witness. In order to pressurize Dharmendra Kumar lodged this complaint case.

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Perused the impugned order, there appears no material irregularity or illegality in the said order. The question of malice should not be decided at this stage.

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Learned counsel for applicants only submitted that if a direction is issued to the trial court regarding bail, the order in that regard will meet the ends of justice.

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The application is, therefore, disposed of with the direction that if the applicants appear and surrender before the court concerned within 15 days from today and apply for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid down in the cases of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 and Brahm Singh and others Vs. State of U.P. and others, 2016 (95) ACC 950.

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Order Date :- 19.7.2022 Sharad/-

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Digitally signed by SHARAD KUMAR SRIVASTAVA Date: 2022.07.20 15:07:04 IST Reason: Location: High Court of Judicature at Allahabad

Dilip Patwa and Another v. State of U.P. and Another

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Dilip Patwa and Another v. State of U.P. and Another

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