Disposed

Prakash Singh v. State of U.P. and Another

Allahabad HC28 Feb 2023A482/43804/2022

Case brief

AI extract

What is this about?

An application under Section 482 Cr.P.C. to quash proceedings was disposed of when the applicant, guided by Supreme Court observations, sought conversion of the prayer into a bail application instead. No coercive action was taken against the applicant for one month.

What did the court decide?

No coercive action against applicant for one month provided if bail application is moved within four weeks; order otherwise of no avail.

Prakash Singh Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 43804 of 2022

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Applicant :- Prakash Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhir Kumar Tiwari 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 material on record.

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This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Case No.3235 of 2021 (State of U.P. Vs. Prakash Singh) arising out of charge sheet dated 25.10.2020 and Cognizance/Summoning Order dated 08.10.2021, in Case Crime No.411 of 2019, under Sections 420, 504 and 506 IPC, Police Station Cantt, District Bareilly pending pending in the Court of learned Judicial Magistrate 1st, District Bareilly.

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At the very outset, 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 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 Apex Court in Satendra Kumar Antil (supra).

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For a period of one month from today, no coercive action shall be taken against the applicants.

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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 applicants.

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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 :- 28.2.2023/Pawan Patel

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

Prakash Singh v. State of U.P. and Another

Case brief

What is this about?

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Prakash Singh v. State of U.P. and Another

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