Disposed

Upendra Kumar Gautam and Others v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Allahabad HC15 Feb 2023/1491/2023

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What is this about?

The High Court heard an application under Section 482 CrPC for quashing a summoning order and charge sheet. The applicants sought liberty to raise a bail application before the trial court instead of pressing for quashing.

What did the court decide?

Liberty granted to file bail application before the trial court within two weeks; present application disposed off accordingly.

Upendra Kumar Gautam and Others Vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 1491 of 2023

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Applicant :- Upendra Kumar Gautam And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Pradeep Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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

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Instant application under Section 482 Cr.P.C has been filed with prayer for quashing of the summoning order dated 15.09.2022 passed by ACJM, Gonda in Case No.1720/2022, State of U.P. vs. Vinod Kumar and others, as well as charge sheet No. 01/2022, dated 08.08.2022 filed in Case Crime No.274/2022, under Sections 323, 452, 504 and 506 IPC, Police Station - Tarabganj, District - Gonda.

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Learned counsel for the applicants submits that the applicants are innocent and they have falsely been implicated in the present case with false and frivolous allegations. He further added that the applicants were not involved in committing the alleged offence as has been mentioned in the first information report.

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At this stage, learned counsel for the applicants submits that he does not want to press the application 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's judgment in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51 .

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

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On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicants appear before the trial court within two weeks from today and file bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra) .

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The application is disposed off accordingly.

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Order Date :- 15.2.2023 / KR

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Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Upendra Kumar Gautam and Others v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Case brief

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What did the court decide?

Upendra Kumar Gautam and Others v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Case brief

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