Dismissed¶10

Harcharan Prajapati v. State of U.P.and Another

Allahabad HC22 Feb 2023A482/4117/2023

Case brief

AI extract

What is this about?

Allahabad High Court, Application U/S 482 No. 4117 of 2023, Harcharan Prajapati v. State of U.P. and another, decided 22.2.2023 by Vikram D. Chauhan, J. Quashing of summoning order dated 19.10.2022 (Additional Civil Judge (J.D.)/Judicial Magistrate, Jhansi, Complaint Case No. 515 of 2019, Sections 406, 420 IPC) not pressed; dismissed as withdrawn with liberty to file bail application; 20-day protection from coercive action; expeditious bail disposal per Satender Kumar Antil (2021) 10 SCC 773.

What did the court decide?

Application dismissed as withdrawn with liberty to file a bail application before the court below; 20 days' protection from coercive action; direction that any bail application be decided expeditiously in light of Satender Kumar Antil, (2021) 10 SCC 773. ¶10

Harcharan Prajapati Vs State of U.P.and Another — Cheating and Forgery | Allahabad HC (2023)

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Court No. - 51

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Case :- APPLICATION U/S 482 No. - 4117 of 2023

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Applicant :- Harcharan Prajapati Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Puneet Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Vikram D. Chauhan,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed by applicant for quashing the entire proceeding as well as summoning order dated 19.10.2022 passed by Additional Civil Judge (J.D.), Jhansi, Court No.3/ Judicial Magistrate, Jhansi in Criminal Complaint Case No. 515 of 2019 (Deendayal Prajapati Vs. Harcharan Prajapati and others) under Sections 406, 420 I.P.C. P.S. Navabad, District- Jhansi and to stay the further proceedings in the aforesaid criminal complaint case.

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After some argument, learned counsel for the applicant states that he may be permitted to withdraw this application filed under Section 482 Cr.P.C. with liberty to file bail application before the court below.

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Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant.

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Under the circumstances, the present application under Section 482 Cr.P.C. is dismissed as withdrawn with liberty to applicant to approach the court concerned for bail. In order to enable the applicants to approach the court concerned for bail, for a period of 20 days, no coercive action shall be taken against the applicant. In case, the bail application is preferred by the applicant before the court concerned, the court concerned shall decide the same expeditiously without granting unnecessary adjournment to any party. While considering the bail application of the applicant, the court below shall keep in mind the principles of law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.

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The application under Section 482 Cr.P.C. is dismissed as withdrawn with the aforesaid liberty and direction.

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Order Date :- 22.2.2023/Sumit Kumar

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

Harcharan Prajapati v. State of U.P.and Another

Case brief

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Harcharan Prajapati v. State of U.P.and Another

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