Dismissed

Sanjiv v. State of U.P. and Another

Allahabad HC24 Aug 2023A482/26441/2023

Case brief

AI extract

What is this about?

The High Court withdrew the substantive merit of a Section 482 CrPC application seeking quashing of proceedings. Instead, dismissing the primary relief, the Court directed surrender and ensured expedited consideration of the bail application citing Supreme Court precedent.

What did the court decide?

Relief under Section 482 Cr.P.C. refused; Directions to surrender and expedited bail order.

Sanjiv Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:171198

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 26441 of 2023 Applicant :- Sanjiv Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Narayan Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,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 present 482 Cr.P.C. application has been filed to quash the charge sheet dated 16.02.2018 as well as entire proceedings of Criminal Case No.4123 of 2019 (State Vs. Sanjiv) arising out of Case Crime No.646 of 2017, under Sections 452, 354, 506 I.P.C., P.S. Bilari, District Moradabad, pending before the ACJM 3rd Moradabad.

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On the matter being taken up, learned counsel for the applicant has not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicant expeditiously.

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Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicant.

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Accordingly the relief as sought by the applicant through this application is refused.

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Considering the aforesaid alternative prayer of the applicant, it is directed that applicant shall surrender before the concerned Court below within three weeks from today and in case applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922.

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For the period of three weeks from today or till the time of surrender of the applicant before the Court below, whichever is earlier, no coercive action shall be taken against him.

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With the aforesaid directions, this application under Section 482 Cr.P.C. stands disposed of.

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Order Date :- 24.8.2023 Meenu Singh

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

Sanjiv v. State of U.P. and Another

Case brief

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Sanjiv v. State of U.P. and Another

Case brief

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