Disposed

Karam Raj v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC21 Feb 2023/1689/2023

Case brief

AI extract

What is this about?

Single judge court disposed of an application seeking to quash criminal proceedings. The applicant sought liberty to file a bail application. The court granted liberty, directing the applicant to appear and file the bail application within two weeks for expeditious disposal.

What did the court decide?

Liberty to file bail application before the trial court within two weeks.

Karam Raj Vs State of U.P. Thru. Prin. Secy. Home Lko… — Quashing and FIR | Allahabad HC (2023)

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 1689 of 2023

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Applicant :- Karam Raj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anil Kumar Tiwari 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 applicant, Shri Girijesh Dwivedi, learned AGA for the State and perused the record.

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Instant application under Section 482 Cr.P.C has been filed to quash the entire proceedings of State Vs. Ajeet Gupta and Others, arising out of Case Crime No. 70 of 2021, under sections 147/323/324/504/506/308 I.P.C,Police StationRaunahi,District-Ayodhya/Faizabad as ell as impugned Charghesheet no. 144 of 2021, date 21/04/2021 as well as impugned cognizance order dated 21-04-2021.

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Learned counsel appearing for the applicant submits that the applicant is innocent and was never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, his name has been planted in the first information report and thereafter he has been chargesheeted. He next added that due to unavoidable circumstances, he could not appear before the court below.

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At this stage, learned counsel for the applicant 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 applicant.

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On due consideration to the submissions of learned counsel for the parties', it is provided that

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in case, the applicant appears 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 of accordingly.

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Order Date :- 21.2.2023 AKS

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Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Karam Raj v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Karam Raj v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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What did the court decide?

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