Disposed

Govind Parashar v. State of U.P and Another

Allahabad HC27 Feb 2023A482/41360/2022

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. to quash a charge-sheet and cognizance order, the applicant requested to move a bail application based on Apex Court guidelines instead. The court allowed a four-week reprieve for filing the bail application before the trial court.

What did the court decide?

Four weeks respite granted to file bail application in the trial court; no coercive action during this period.

Govind Parashar Vs State of U.P and… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 41360 of 2022

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Applicant :- Govind Parashar Opposite Party :- State Of U.P And Another Counsel for Applicant :- Rajesh Kumar Srivastava,Gaurav Srivastav 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 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 for quashing the charge-sheet dated 19.09.2020 as well as cognizance order dated 03.08.2022 in Case No. 16987 of 2022 State Vs. Govind Parashar, arisijng out of Case Crime No. 560 of 2020, under Sections 152-A, 505 Indian Penal Code, Police Station - Sadar Bazar, Agra, pending in the Court of Chief Judicial Magistrate, Agra.

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At the very outset, learned counsel for the applicant 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 appears 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 (supra).

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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 :- 27.2.2023 Vinod.

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

Govind Parashar v. State of U.P and Another

Case brief

What is this about?

What did the court decide?

Govind Parashar v. State of U.P and Another

Case brief

What is this about?

What did the court decide?

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