Disposed

Subhash Chandra Pushpakar v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko and Another

Allahabad HC7 Jul 2023/6357/2023

Case brief

AI extract

What is this about?

The court disposed of the application seeking quashing of chargesheet. The applicant, who withdrew the request to quash, was granted liberty to file a bail application before the trial court, to be decided expeditiously in view of the Satender Kumar Antil judgment.

What did the court decide?

Liberty to file bail application before the trial court and decide expeditiously.

Subhash Chandra Pushpakar Vs State of U.P. Thru. Prin… — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:43636

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 6357 of 2023

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Applicant :- Subhash Chandra Pushpakar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko And Another Counsel for Applicant :- Pawan Kumar Nigam 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 Nirmal Kumar Pandey, 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 Chargesheet dated 07-032021 filed by the Investigating OfÏcer in FIR No./Case Crime No. 0545/2020, U/s 406/504/506 of I.P.C., Police Station-Gauriganj, District-Amethi.

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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 in case, the applicant appears before the trial court within two weeks from today and files bail application, the same shall be decided

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expeditiously in view of law laid down in the case of Satender Kumar Antil (supra) . The application is disposed of accordingly.

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Order Date :- 7.7.2023 AKS

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

Subhash Chandra Pushpakar v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko and Another

Case brief

What is this about?

What did the court decide?

Subhash Chandra Pushpakar v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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