Dismissed

Ganga Ram and 4 Others v. State of U.P. and Another

Allahabad HC7 Apr 2022A482/8013/2022

Case brief

AI extract

What is this about?

Single judge dismissed an application under Section 482 Cr.P.C. seeking quashing of a chargesheet, finding grounds could be decided by the trial court. The court deferred disposal of the applicants' bail plea under Satender Kumar Antil until their surrender, subjecting them to coercive action if they fail to appear within 21 days.

What did the court decide?

Prayer for quashing refused; bail application deferred pending surrender; 21-day notice issued.

Ganga Ram and 4 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. - 8013 of 2022

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Applicant :- Ganga Ram And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Aslam,J.

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Heard learned counsel for the applicants, 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 Charge-sheet dated 25.10.2020 submitted in Case Crime No. 135 of 2020, under Sections-147, 148, 452, 323, 504, 506, 307 and 325 I. P. C., P. S.-Walterganj, district-Basti and proceedings initiated against them arising out of the aforementioned case crime pending in the Court of Judicial Magistrate, Basti.

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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, keeping in view the law laid down in M/s Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra & Ors, 2020 SCC Online SC 850, I do not find any cogent reason to quash the chargesheet and the impugned orders passed against the accused.

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Therefore, the prayer for quashing the chargesheet and proceedings of the aformentioned case is, hereby, refused.

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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. However, it is provided that in case the accused-applicants surrender before the court below and move bail application within a period of twenty one from today, the court below shall consider and decide the bail application according to the law laid down in Satender Kumar Antil (supra).

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For a period of twenty one days from today, no coercive action shall be taken against the applicants.

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However, in case, the applicants do not appear before the court below

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within the aforesaid period, coercive action shall be taken against them.

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

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Order Date :- 7.4.2022

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