Disposed¶11

Bibudhendu Panigrahi v. State of U.P. and Another

Allahabad HC30 Nov 2023A482/38398/2023

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. quashing application disposed of; charge-sheet dated 20.01.2023 and summoning order dated 18.03.2023 not pressed; Case No. 20664 of 2023; Case Crime No.586 of 2022; Sections 420, 406 and 506 IPC; Police Station Indrapuram, District Ghaziabad; surrender/appearance within three weeks and bail; release per Satender Kumar Antil v. CBI (2022) 10 SCC 51; applicant Bibudhendu Panigrahi; bench: Rajiv Gupta, J.; Allahabad High Court; 2023:AHC:226422; order date 30.11.2023.

What did the court decide?

Application under Section 482 Cr.P.C. finally disposed of with the observation that if the applicant appears before the court below within three weeks and seeks bail, his release be considered in view of Satender Kumar Antil Vs. Central Bureau of Investigation, (2022) 10 SCC 51; the quashing prayers were not pressed.

Bibudhendu Panigrahi Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2023)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the charge-sheet dated 20.01.2023, the summoning order dated 18.03.2023 and the entire proceedings of Case No. 20664 of 2023 (State Vs. Bibudhendu Panigrahi), arising out of Case Crime No.586 of 2022 under Sections 420, 406 and 506 IPC, Police Station Indrapuram, District Ghaziabad, should be quashed under Section 482 Cr.P.C. +1 more

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Court's answer

Learned counsel for the applicant, on instructions, stated at the Bar that he does not want to press the other prayers (quashing of the charge-sheet and summoning order) and that the applicant is ready to appear before the court below and seek his bail.

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Ratio / Principle

In case the applicant appears before the court below within three weeks and seeks bail, his release shall be considered in view of the law laid down by the Hon'ble Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2022) 10 SCC 51.

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Detailed headnote1 paragraphs

Allahabad High Court (Rajiv Gupta, J.; Neutral Citation 2023:AHC:226422; order dated 30.11.2023) — Application under Section 482 Cr.P.C. No. 38398 of 2023 by Bibudhendu Panigrahi seeking quashing of charge-sheet dated 20.01.2023 and summoning order dated 18.03.2023 in Case No. 20664 of 2023, arising out of Case Crime No.586 of 2022 under Sections 420, 406 and 506 IPC, Police Station Indrapuram, District Ghaziabad. Counsel for the applicant stated at the Bar that the quashing prayers would not be pressed and that the applicant would appear before the court below and seek bail. The Court directed that if the applicant appears within three weeks and seeks bail, his release be considered in view of Satender Kumar Antil Vs. Central Bureau of Investigation, (2022) 10 SCC 51. Application finally disposed of.

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Neutral Citation No. - 2023:AHC:226422

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 38398 of 2023

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Applicant :- Bibudhendu Panigrahi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aklank Kumar Jain Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,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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This application under Section 482 Cr.P.C. has been filed with the prayer to quash charge-sheet dated 20.01.2023 and impugned summoning order dated 18.03.2023 as well as entire proceedings of Case No. 20664 of 2023 (State Vs. Bibudhendu Panigrahi), arising out of Case Crime No.586 of 2022, under Sections 420, 406 and 506 IPC, Police Station Indrapuram, District Ghaziabad.

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After some arguments, learned counsel for the applicant has made a statement at the Bar, on instructions, that he does not want to press other prayers made in the instant application and states that the applicant is ready to appear before the court below and seek his bail and that his release be considered in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51.

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Per contra, learned AGA states that he has no objection to the aforesaid prayer made by learned counsel for the applicant for not pressing the other prayers made in the instant application.

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In view of the above, in case the applicant appears before the court below within three weeks from today and seeks bail, his release be considered in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51 .

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With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed off.

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Order Date :- 30.11.2023 Subham

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Digitally signed by :- SUBHAM KUSHWAHA High Court of Judicature at Allahabad

Bibudhendu Panigrahi v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Bibudhendu Panigrahi v. State of U.P. and Another

Case brief

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What the court decided

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