Disposed

Nirottam and Another v. State of U.P. and Another

Allahabad HC27 Jan 2023A482/42968/2022

Case brief

AI extract

What is this about?

In this cr.P.C. 482 application, the applicant relinquished the quashing prayer to pursue bail under Apex Court guidelines. The court directed the applicant to move a bail application within four weeks and prohibited coercive action against him during that period.

What did the court decide?

Directs applicant to move bail application within four weeks; directs no coercive action against applicant during that period; quashes current quashing petition.

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

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 42968 of 2022

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Applicant :- Nirottam And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Punya Sheel Pandey 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 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 impugned summoning order dated 10.06.2015 passed by Additional Chief Judicial Magistrate, Court No. 1, Mathura in Complaint No. 4126 of 2019 (Harcharan Versus Puran and others) under Sections 420, 467, 468, 120 B I.P.C., P.S.- Sadar Bazar, District- Mathura.

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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

Nirottam and Another v. State of U.P. and Another

Case brief

What is this about?

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Nirottam and Another v. State of U.P. and Another

Case brief

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