Disposed

Manoj Kumar Singh v. State of U.P. and Another

Allahabad HC9 Feb 2023A482/40637/2022

Case brief

AI extract

What is this about?

The High Court allowed an applicant to relinquish quashing of proceedings under Section 482 Cr.P.C. in exchange for filing a bail application within four weeks based on Satendra Kumar Antil guidelines. No coercive action was permitted during this period.

What did the court decide?

Relinquishment of quashing prayer allowed; applicant permitted to file bail application within four weeks under Apex Court guidelines.

Manoj Kumar Singh Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 40637 of 2022

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Applicant :- Manoj Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Kumar Tiwari,Ishwar Kumar Upadhyay

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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 record.

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This application under Section 482 Cr.P.C. has been filed to quash the Charge Sheet No.23 of 2021 dated 26.01.2021 (State Vs. Roop Singh and others) arising out of Case Crime No.88 of 2020, under Sections 406, 504, 506 IPC, Police Station Shahjanwa, District Gorakhpur pending in the Court of Civil Judge (SD)/FTC, Gorakhpur as well as summoning order dated 21.10.2021.

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Learned counsel for the applicant contends that since he had handed over his truck to Amar Singh Yadav @ Amar Nath Yadav who was regulating and looking after the vehicle and the rent amount was taken by him. Hence, his responsibility under Section 406 IPC does not arise.

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However, some offences affecting the human body and life are also alleged to be caused by the applicant. After investigation the investigating officer has submitted charge sheet under Sections 406, 504, 506 IPC.

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At this stage learned counsel for the applicant 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 applicant appears before the court concerned within four weeks from today and moves application for bail, the same shall be

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considered and disposed of in terms of the guidelines/observations given by Hon'ble Apex Court in Satendra Kumar Antil (supra) and also considering the version that the truck was handed over by the applicant to Amar Nath Yadav and on the alleged date and time it was not in direct control of the applicant.

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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 :- 9.2.2023 Shahroz

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

Manoj Kumar Singh v. State of U.P. and Another

Case brief

What is this about?

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Manoj Kumar Singh v. State of U.P. and Another

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