Disposed

Amit Kumar Sanghai v. State of U.P.and Another

Allahabad HC2 Nov 2023A482/40324/2023

Case brief

AI extract

What is this about?

The Single Judge refused the main application to quash proceedings but accepted an alternative prayer. The Court ordered the applicant's surrender within three weeks and directed courts to expedite bail hearing in accordance with the principles laid down in the Supreme Court's ruling in Satender Kumar Antil's case during that period, staying coercive action.

What did the court decide?

Relief to quash proceedings refused. Surrender directed within three weeks. Coercive action stayed. Bail to be decided expeditiously following Antil guidelines.

Amit Kumar Sanghai Vs State of U.P.and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:210119

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 40324 of 2023

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Applicant :- Amit Kumar Sanghai Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Kshitij Nandan Rastogi,Sanjay Kumar Jaiswal Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been filed by the applicant to quash the entire proceeding of Complaint Case No.2994 of 2016 (Purushottam Das vs. Amit Kumar Sanghai), under Section 138 Negotiable Instrument Act, P.S. Kotwali Hathras, District Hathras, pending in the court of Chief Judicial Magistrate, Hathras.

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On the matter being taken up, learned counsel for the applicant has not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicant expeditiously.

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Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicant.

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Accordingly the relief as sought by the applicant through this application is refused.

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Considering the aforesaid alternative prayer of the applicant, it is directed that applicant shall surrender before the concerned Court below within three weeks from today and in case applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922.

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For the period of three weeks from today or till the time of surrender of the applicant before the Court below, whichever is earlier, no coercive action shall be taken against him.

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With the aforesaid directions, this application under Section 482 Cr.P.C. stands disposed of.

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Order Date :- 2.11.2023

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SKD

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Digitally signed by :- SKD SURJIT KUMAR DEY High Court of Judicature at Allahabad

Amit Kumar Sanghai v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

Amit Kumar Sanghai v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

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