Disposed

Manoj Beniwal v. State of U.P. and Another

Allahabad HC6 Feb 2023A482/44012/2022

Case brief

AI extract

What is this about?

The applicant withdrew his plea for quashing proceedings and sought to move a bail application following Supreme Court guidelines. The court directed the applicant to approach the trial court for bail within four weeks, during which no coercive action would be taken against him.

What did the court decide?

No coercive action against the applicant for four weeks, subject to moving a bail application before the trial court.

Manoj Beniwal 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. - 44012 of 2022

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Applicant :- Manoj Beniwal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Shukla 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

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and perused the record.

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This application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 15.10.2019 having endorsement of cognizance order dated 26.11.2019 as well as entire proceeding of Criminal Case No. 3503 of 2019, pending in the Court of Additional Chief Judicial Magistrate-III, Ghaziabad (State Vs. Vinay Beniwal & Others) in Case Crime No 2014 of 2018, under Sections 498-A, 323, 506 I.P.C and Section 3/4 Dowry Prohibition Act, so far as against the applicant is concerned, Police Station Sihani Gate, District Ghaziabad.

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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 :- 6.2.2023 Vinod.

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

Manoj Beniwal v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Manoj Beniwal v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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