Disposed

Bhupendra Kumar v. State of U.P. and Anothers

Allahabad HC20 Jan 2023A482/38028/2022

Case brief

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What is this about?

The High Court disposed of the application for quashing criminal proceedings. The applicant withdrew this prayer and expressed a desire to seek bail instead. The court directed that the applicant be granted a four-week reprieve from coercive action to file a bail application under Satendra Kumar Antil guidelines.

What did the court decide?

Four weeks' reprieve from coercive action was granted for the applicant to move a bail application in accordance with Satendra Kumar Antil guidelines.

Bhupendra Kumar Vs State of U.P. and Anothers — Quashing and FIR | Allahabad HC (2023)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 38028 of 2022

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Applicant :- Bhupendra Kumar Opposite Party :- State Of U.P. And Anothers Counsel for Applicant :- Surendra Prasad Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No. 1463 of 2021 (State vs. Bhupendra & Others) arising out of Case Crime No. 0248 of 2020 under Section 174-A I.P.C., Police StationDhampur, District- Bijnor as well as chargesheet dated 11.09.2020 and cognizance order dated 31.03.2021 passed by Chief Judicial Magistrate, Bijnor pending in the Court of Chief Judicial Magistrate, Bijnor.

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At the very outset, learned counsel for the applicant has submitted that the applicant relinquishes the prayer for quashment and wishes to move bail application before the trial court in view of the guidelines / observations given by Hon'ble The Apex Court in the case of Satendra Kumar Antil vs. Central Bureau of Investigation and another reported in ( 2021) 10 SCC 773.

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Learned A.G.A. has no objection.

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Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicant appears before the Court concerned within four weeks from today and moves application for bail, the same shall be considered and disposed of in terms of the guidelines / observations given by Hon'ble The Apex Court in the case of Satendra Kumar Antil (Supra).

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For a period of four weeks from today, no coercive action shall be taken against the applicant.

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It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant.

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With the above direction, the instant application under Section

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482 Cr.P.C. is finally disposed of.

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Order Date :- 20.1.2023 A. Sharma

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Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad

Bhupendra Kumar v. State of U.P. and Anothers

Case brief

What is this about?

What did the court decide?

Bhupendra Kumar v. State of U.P. and Anothers

Case brief

What is this about?

What did the court decide?

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