The single judge disposed of an application under Section 482 Cr.P.C. seeking to quash a charge sheet and summoning order. The court directed the trial court to decide the pending bail application quickly if filed within 15 days, citing relevant precedents.
Direction to trial court to decide bail application quickly if filed within 15 days.
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Court No. - 71
Case :- APPLICATION U/S 482 No. - 40024 of 2022
Applicant :- Daljeet Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Pandey Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicant and learned A.G.A. for the State-respondents.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the Charge Sheet No. 42 of 2021 dated 13.02.2021 under Section 420 IPC and 66D of Information Technology Act, 2008, P.S.- Malpura, District Agra arising out of Case Crime No. 03 of 2021 as well as impugned summoning order/cognizance order dated 26.02.2021 issued by Chief Judicial Magistrate, Agra in Case No. 9937 of 2021 (State Vs. Daljeet Singh) arising out of Case Crime No. 03/2021 under Section 420 IPC and 66D of Information Technology Act, 2008, P.S.- Malpura, District- Agra pending in the court of Chief Judicial Magistrate, Agra. The applicant further seeks to quash all other and further proceedings of Case No. 9937 of 2021 (State Vs. Daljeet Singh) arising out of Case Crime No. 03/2021 under Section 420 IPC and 66D of Information Technology Act, 2008, P.S.- Malpura, District- Agra pending in the court of Chief Judicial Magistrate, Agra.
In the Court, learned counsel for the applicant only submitted that some direction be issued to the court concerned regarding bail as he wants to surrender before the trial court.
The application is, therefore, disposed of with the direction to the trial court that if the applicants appear before the trial court within 15 days from today and move an application for bail before the trial court, the same shall be decided as soon as possible in view of law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 and Brahm Singh and others Vs. State of U.P. and others, 2016 (95) ACC 950.
Order Date :- 13.1.2023 VK Bharteey
Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant who sought to surrender before the trial court.
Whether an application for quashing of charge sheet and proceedings under Section 482 Cr.P.C. requires further adjudication on merits at this stage.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherReferred¶8
Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 · Who else cites this
Brahm Singh and others Vs. State of U.P. and othersReferred¶8
Brahm Singh and others Vs. State of U.P. and others, 2016 (95) ACC 950
1 provisions across 1 enactments
Daljeet
Sadhna Rani (Thakur)
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
