Partly allowed

Nazakat v. State of U.P. and Another

Allahabad HC27 Jan 2023A482/40205/2022

Case brief

AI extract

What is this about?

The High Court quashed the charge sheet and cognizance in a criminal case under Section 135 of the Electricity Act, directing the applicant to file a bail application under the guidelines in Satendra Kumar Antil within four weeks, with a stay on coercive action. The SLP was dismissed if no bail application was filed within the stipulated time.

What did the court decide?

Charge sheet and cognizance quashed. Stay on coercive action for four weeks if bail is filed. Order becomes void if bail is not applied for within the time limit.

Nazakat Vs State of U.P. and Another — Narcotics (NDPS) | Allahabad HC (2023)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 40205 of 2022

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Applicant :- Nazakat Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shyam Murari Upadhyay Counsel for Opposite Party :- G.A.,Narendra Kumar Tiwari

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Hon'ble Umesh Chandra Sharma,J.

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Heard learned counsel for the applicants 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 to quash the Charge sheet dated 29.12.2017, cognizance dated 23.10.2018, in Criminal Case No. 4346 of 2018 (State Vs. Nazakat) arising out of Case Crime No. 847 of 2017 under Section 135 of Electricity Act, Police Station Bhopa, District Muzaffar Nagar, pending in the Court of Special Judge/A.D.J. IVth, Police Bhopa, District Muzaffar Nagar.

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At the very outset, learned counsel for the applicants has submitted that the applicant relinquish the prayer for quashment and wish 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 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 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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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 482 Cr.P.C. is finally disposed of.

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Order Date :- 27.1.2023 Rajesh

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Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad

Nazakat v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Nazakat v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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