Disposed

Deepika Mishra and Another v. State of U.P. and Another

Allahabad HC15 May 2023A482/20963/2021

Case brief

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What is this about?

Applicant sought quashing of chargesheet citing mala fide intent. Court directed lower judiciary to decide pending bail application expeditively within three weeks and stayed coercive action for that period before disposing the 482 application.

What did the court decide?

Direction to lower court to decide bail application expeditively within three weeks; stay of coercive action for three weeks.

Deepika Mishra and Another Vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:105451

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Court No. - 69 Case :- APPLICATION U/S 482 No. - 20963 of 2021 Applicant :- Deepika Mishra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vipul Shukla,Radhey Shyam Shukla Counsel for Opposite Party :- G.A. Hon'ble Vipin Chandra Dixit,J.

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Heard learned counsel for the applicants as well as 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 with the prayer to quash the impugned Charge Sheet No.150 of 2019 dated 28.05.2019 and cognizance order dated 13.11.2019 as well as entire proceeding of Case No.2488 of 2019 (State Vs. Deepika Mishra & others) in Case Crime No.23 of 2019, under Sections 420, 406, 504, 506 I.P.C., P.S. Sindhauli, District Shahjahanpur pending in the court of Additional Chief Judicial Magistrate, Court No.1, Shahjahanpur.

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The contention of counsel for the applicants is that no offence against the applicants 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 quite some time at length, learned counsel for the applicants submits that the applicants do not want to press the prayer for quashing the entire proceedings of aforesaid case 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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However, it is directed, that in case applicants appear and surrender before the court below within a period of three weeks from today and apply for bail the court below shall consider and decide the bail prayer of applicants expeditiously in accordance with law 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 off .

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Order Date :- 15.5.2023/Atul

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

Deepika Mishra and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Deepika Mishra and Another 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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