Disposed

Mohal Lal Gupta v. State of U.P. and Another

Allahabad HC20 Jun 2023A482/20309/2023

Case brief

AI extract

What is this about?

The High Court disposed of a Section 482 Cr.P.C. application where the applicant withdrew the quashing of proceedings but sought protection. The court directed a four-week stay on arrest and ordered expedient disposal of the bail application.

What did the court decide?

Stay on arrest from the date of order or until surrender; direction to lower court to dispose bail application expeditiously.

Mohal Lal Gupta Vs State of U.P. and Another — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:127412

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Court No. - 47

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Case :- APPLICATION U/S 482 No. - 20309 of 2023

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Applicant :- Mohal Lal Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,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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The instant application under Section 482 Cr.P.C. has been filed by the applicant to quash/stay the charge sheet dated 05.01.2020, cognizance and summoning order dated 12.1.2022 as well as entire criminal proceedings of Case No. 58 of 2022 (State vs. Mohan Lal Gupta) arising out of Case Crime No. 215 of 2019 under Section 406 IPC, Police Station Mutthiganj, District Prayagraj, pending in the court of Additional Chief Judicial Magistrate, Court No. 9, Allahabad.

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After arguing the matter at some length, learned counsel for the applicant gave up his challenge to the aforesaid impugned chargesheet, cognizance order and entire proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction at the outset may be issued to the concerned courts below to consider and decide the bail application of the applicant expeditiously.

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Learned A.G.A. submits that in case the applicant is not pressing the relief as sought for by him on merits and wants to surrender before the concerned court below, he has no objection in granting protection to him for a short period.

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In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within four weeks from today and in case applies for bail, the bail application of the applicant shall be disposed of expeditiously by

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the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773.

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For the period of four weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, he shall not be arrested in the above case.

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With the above observations/directions, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 20.6.2023 Puspendra

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Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad

Mohal Lal Gupta v. State of U.P. and Another

Case brief

What is this about?

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Mohal Lal Gupta v. State of U.P. and Another

Case brief

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