Disposed

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

Allahabad HC1 Mar 2023A482/43924/2022

Case brief

AI extract

What is this about?

The Allahabad High Court disposed of an application under Section 482 Cr.P.C. seeking quashing of proceedings. Instead of quashment, the court directed the applicant to submit a bail application invoking the guidelines in Satendra Kumar Antil within four weeks, granting temporary relief from coercive action for one month.

What did the court decide?

Direction to move bail application under Satendra Kumar Antil guidelines within four weeks; stay of coercive action for one month.

Mahesh Singh Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 43924 of 2022

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Applicant :- Mahesh Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yogendra Mishra 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.2028 of 2018 (Than Singh Vs. Mahesh Singh and others) arising out of summoning order dated 14.03.2022 and N.B.W. order dated 05.12.2022, under Sections 420, 467, 468, 471 IPC, Police Station Babeena, District Jhansi pending before the Learned Judicial Magistrate Court No.2 Jhansi.

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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 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 :- 1.3.2023 Pawan Patel

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

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

Case brief

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

Case brief

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