Disposed

Kuldeep v. State of U.P. and Another

Allahabad HC12 Jun 2023A482/15140/2023

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the High Court refused to quash the charge sheet and proceedings. Instead, the Court directed the lower courts to decide the applicant's bail application within three weeks if he surrenders and applies, with no coercive action during that period.

What did the court decide?

Direction to lower courts to decide bail application within three weeks of applicant's surrender; no coercive action during that period.

Kuldeep Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:126209

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Court No. - 65

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Case :- APPLICATION U/S 482 No. - 15140 of 2023

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Applicant :- Kuldeep Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aishwarya Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Chandra Dixit,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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This application u/s 482 Cr.P.C. has been filed for quashing the charge-sheet no.539 of 2022 dated 10.11.2022, summoning order dated 2.12.2022 as well as the entire proceedings of Case No.5567 of 2022 (State Vs. Kuldeep and others), arising out of Case Crime No.0463 of 2022, under Sections 3/7 Essential Commodities Act, 1955, P.S. Gandhi Park, District Aligarh, pending in the court of Additional Chief Judicial Magistrate-I, Aligarh.

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The contention of counsel for the applicant is that no offence against the applicant is disclosed and the present case has been instituted with a malafide intention for the purposes of harassment.

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After arguing the case for some time, learned counsel for the applicant submits that the applicant does not want to press the prayer for quashing of entire criminal proceedings and the purpose of his client would suffice, if a direction may be given to the courts below to decide the bail application within specific time frame.

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Considering the facts and circumstances of the case, it is provided that if the applicant surrenders and applies for bail within three weeks from today, the Courts below may decide the bail application of the applicant expeditiously in the light of guidelines laid down by Hon'ble Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation & Anr. reported in (2021) 10 SCC 773 .

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For the period of three weeks, no coercive action shall be taken against the applicant in the aforesaid case.

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With the above directions, present application U/s 482 Cr.P.C. is disposed of.

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Order Date :- 12.6.2023 Kpy

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Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad

Kuldeep v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Kuldeep v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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