Partly allowed

Shishir Gupta v. State of U.P. and Another

Allahabad HC26 Apr 2023A482/14874/2023

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC to quash proceedings where the applicant did not press the quashing prayer, the court dismissed the quashing prayer but directed the trial court to decide a bail application expeditiously if the applicant surrenders and applies within two weeks, while keeping non-bailable warrants in abeyance.

What did the court decide?

Prayer for quashing dismissed; bail application to be decided expeditiously if applicant surrenders and applies within two weeks; non-bailable warrants in abeyance if applicant appears by said date.

Shishir Gupta Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2023)

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 14874 of 2023

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Applicant :- Shishir Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vipul Kumar Jaiswal,Vinod Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Vinod Kumar, learned counsel for the applicant, Sri S.B. Maurya, learned counsel for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant Shishir Gupta with the prayer to quash the entire proceedings of Case No. 442 of 2018 (State Vs. Shishir Gupta), cognizance order dated 8.5.2018 passed by J.M. Faridpur, District Bareilly over charge sheet no.140 of 2016, dated 25.11.2016, in case crime no. 186 of 2016, u/s 406, 420, 506 IPC, P.S. Fatehganj East, District Bareilly and further to stay the further proceedings of aforesaid case during the pendency of the present application before this Hon'ble Court.

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At the very outset, learned counsel for the applicant states that the purpose of the applicant would suffice if an order is passed directing the trial court to decide the bail application of the applicant, as expeditiously as possible. He further states that although the prayer has been made for quashing of the entire proceedings, charge sheet, cognizance order of the case but he does not press the same.

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Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicant.

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In view of the above, the prayer for quashing of entire proceedings, charge sheet, cognizance order is dismissed as not pressed.

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However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicant, it is directed that if the accused-applicant surrenders before the trial court and applies for bail within two weeks from today, the same shall be considered and decided expeditiously in accordance with law.

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Till the aforesaid period, non-bailable warrants issued against the applicant shall be kept in abeyance.

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It is clarified that if the accused-applicant do not appear before the court concerned by the said date, the court concerned shall proceed against him in accordance with law.

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The present application is disposed of.

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(Samit Gopal, J.)

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Order Date :- 26.4.2023 Gaurav

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Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad

Shishir Gupta v. State of U.P. and Another

Case brief

What is this about?

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Shishir Gupta v. State of U.P. and Another

Case brief

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