Disposed

Sanjay Kumar ( in Charge Sheet Sanjay Yadav ) v. State of U.P. Thru. Prin. Secy. (Home) Govt. Lko. and Another

Allahabad HC12 Oct 2023/9980/2023

Case brief

AI extract

What is this about?

The High Court, Allahabad (Lucknow Bench), disposed of an application under Section 482 CrPC filed to quash a chargesheet and order of cognizance. The court granted liberty to the applicant to file a bail application before the trial court, to be decided expeditiously per Satender Kumar Antil.

What did the court decide?

Liberty granted to file bail application before the trial court to be decided expeditiously.

Sanjay Kumar ( in Charge Sheet Sanjay Yadav ) Vs… — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:66392

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 9980 of 2023

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Applicant :- Sanjay Kumar ( In Charge Sheet Sanjay Yadav ) Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) Govt. Lko. And Another Counsel for Applicant :- Ramakar 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 applicant, Shri V.N.Nishad, learned AGA-I 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 impugned chargesheet dated 14-02-2022 vide Case Crime No. 162 of 2021, under sections 323,504,354 of I.P.C., Police Station-Ramganj, District-Amethi and the order of cognizance and summoning order dated 08-062023 passed by the court of learned Additional Civil Judge(Senior Division-I)/Additional Chief Judicial Magistrate, Sultanpur in Crl. Case No. 1183 of 2023.

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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

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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 three weeks from today and files 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 :- 12.10.2023 AKS

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

Sanjay Kumar ( in Charge Sheet Sanjay Yadav ) v. State of U.P. Thru. Prin. Secy. (Home) Govt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Sanjay Kumar ( in Charge Sheet Sanjay Yadav ) v. State of U.P. Thru. Prin. Secy. (Home) Govt. Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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