Disposed¶10

Raja v. State of U.P. and Another

Allahabad HC24 Jan 2023A482/38429/2022

Case brief

AI extract

What is this about?

Allahabad High Court; Application U/S 482 No. 38429 of 2022; Umesh Chandra Sharma, J.; quashing of charge sheet and cognizance order; Section 482 Cr.P.C.; Section 420 IPC; Sections 60, 62, 72 UP Excise Act; Case Crime No.109 of 2021; P.S. Fatehgarh Kotwali; Chief Judicial Magistrate Farrukhabad; relinquishment of quashing prayer; liberty to move bail application; Satendra Kumar Antil (2021) 10 SCC 773 guidelines; no coercive action for 30 days; application disposed of; order date 24.1.2023.

What did the court decide?

Section 482 Cr.P.C. application finally disposed of; prayer for quashment relinquished and not decided; applicants granted liberty to appear before the trial court within four weeks and move a bail application, to be considered in terms of Satendra Kumar Antil guidelines, with no coercive action for 30 days. ¶10

Raja 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 10.10.2021 and the cognizance order dated 20.06.2022 passed by the Chief Judicial Magistrate, Farrukhabad in Case Crime No.109 of 2021 ought to be quashed under Section 482 Cr.P.C. (prayer later relinquished and not adjudicated). +1 more

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Ratio / Principle

If the applicants appear before the court concerned within four weeks and move an application for bail, it shall be considered and disposed of in terms of the guidelines/observations given by the Hon'ble Apex Court in Satendra Kumar Antil (supra).

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Key takeaways

For a period of 30 days from the date of the order, no coercive action shall be taken against the applicants.ratio¶8
If no bail application is moved within the time prescribed, this order will be of no avail to the applicants.ratio¶9

Detailed headnote1 paragraphs

Quashing application under Section 482 Cr.P.C. against charge sheet dated 10.10.2021 and cognizance order dated 20.06.2022 (Case No.2492 of 2022, State Vs. Dilshad, arising out of Case Crime No.109 of 2021, under Section 420 IPC and Sections 60, 62, 72 UP Excise Act, P.S. Fatehgarh Kotwali, District Fatehgarh). Counsel for the applicant relinquished the prayer for quashment and sought liberty to move a bail application in terms of Satendra Kumar Antil Vs. CBI, (2021) 10 SCC 773. Held: on the applicants appearing before the court concerned within four weeks and moving a bail application, the same shall be considered and disposed of in terms of the Satendra Kumar Antil guidelines; no coercive action for 30 days; the order shall be of no avail if no such application is moved in time. Application finally disposed of (Umesh Chandra Sharma, J., order dated 24.1.2023).

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Court No. - 72 Case :- APPLICATION U/S 482 No. - 38429 of 2022 Applicant :- Raja Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ayank 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, learned AGA for the State and perused the material on record.

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This application under Section 482 Cr.P.C. has been filed to quash the charge sheet dated 10.10.2021 as well as cognizance order dated 20.06.2022 passed by Chief Judicial Magistrate, Farrukhabad in Case No.2492 of 2022 (State Vs. Dilshad) arising out of Case Crime No.109 of 2021, under Section 420 IPC and Sections 60, 62, 72 of UP Excise Act, Police Station Fatehgarh Kotwali, District Fatehgarh.

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At the very outset, learned counsel for the applicants has submitted that he 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 Apex Court in Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 .

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Learned AGA has no objection to the prayer so made.

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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 applicants appear before the court concerned within four weeks from today and move application for bail, the same shall be considered and disposed of in terms of the guidelines/observations given by Hon'ble Apex Court in Satendra Kumar Antil (supra).

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For a period of 30 days from today, no coercive action shall be taken against the applicants.

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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 applicants.

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With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.

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Order Date :- 24.1.2023 Shahroz

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Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad

Raja v. State of U.P. and Another

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Raja v. State of U.P. and Another

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