Disposed

Ashutosh Chauhan@ Ashu Chauhan v. State of U.P. and Another

Allahabad HC26 May 2023A482/19884/2023

Case brief

AI extract

What is this about?

The High Court dismissed the applicant's application to quash the bailable warrant but directed that the warrant be kept in abeyance for two weeks. The Court allowed the applicant to withdraw the quashing prayer, conditionally granting bail if he surrenders and seeks it within that period under Satender Kumar Antil.

What did the court decide?

Bailable warrants kept in abeyance for two weeks; applicant permitted to withdraw quashing prayer and apply for bail upon surrender.

Ashutosh Chauhan@ Ashu Chauhan Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:118040

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 19884 of 2023

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Applicant :- Ashutosh Chauhan@ Ashu Chauhan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aman Arya 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 Aman Arya, 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 applicants Ashutosh Chauhan@ Ashu Chauhan with the prayer to quash the bailable warrant dated 27.7.2021 issued by City Metropolitan Magistrate, Kanpur Nagar, Cognizance Order dated 10.4.2019 and Chargesheet No. 34Aa/2018 dated 30.3.2019 as well as entire proceedings of Criminal Case No. 60505 of 2018 (State vs. Ritesh Singh and others), arising out of Case Crime No. 1174 of 2018, u/s 420, 380, 411, 120B I.P.C. and 66, 66C, 66D I.T. Act, P.S.- Chakeri, District Kanpur Nagar, pending in the court of City Metropolitan Magistrate, Kanpur Nagar and with the further prayer to stay the effect and operation of the said bailable warrant, cognizance order, charge sheet as well as proceedings of said case.

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After some arguments, learned counsel for the applicant has made a statement at the Bar, on instructions, that he does not want to press prayers made in the instant application and states that the applicant is ready to surrender before the concerned trial court and seek his bail and that his release be considered in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another: (2021) 10 SCC 773. It is argued that bailable warrants have been issued vide order dated 27.7.2021 passed by the trial court.

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Per contra, learned AGA states that he has no objection to the aforesaid prayer made by learned counsel for the applicant for not pressing the other prayers made in the instant application.

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In view of the above, in case the applicant appears/

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surrenders before the concerned trial court within two weeks from today and seeks bail, his release be considered in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil (supra) . Till the aforesaid period, the bailable warrants shall be kept in abeyance.

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With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed off.

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(Samit Gopal,J.)

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Order Date :- 26.5.2023 Naresh

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Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad

Ashutosh Chauhan@ Ashu Chauhan v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ashutosh Chauhan@ Ashu Chauhan v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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