Disposed

Shailesh Prajapati v. State of U.P. and 3 Others

Allahabad HC10 Oct 2023A482/37401/2023

Case brief

AI extract

What is this about?

The court refused to quash the charge sheet and proceedings under S. 67 A, I.T. Act on merit. Instead, it directed the applicant to surrender within four weeks or seek bail expeditiously, while prohibiting coercive action during that period unless surrendered earlier.

What did the court decide?

Refused to quash proceedings; directed surrender within four weeks with prohibition of coercive action; bail to be decided expeditiously.

Shailesh Prajapati Vs State of U.P. and 3 Others — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:194543

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 37401 of 2023 Applicant :- Shailesh Prajapati Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Atmaram Nadiwal,Dinesh Kumar Yadav 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 and learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge sheet dated 07.08.2023; summoning order dated 11.08.2023 as well as entire proceedings of S.T. No. 676 of 2023, Case Crime No. 101 of 2023, under Section 67 A, I.T. Act, P.S. Chowk, District Maharajganj.

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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 four 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 four 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 :- 10.10.2023 Meenu Singh

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

Shailesh Prajapati v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Shailesh Prajapati v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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