Dismissed

Dinesh Kumar and 5 Others v. State of U.P. and Another

Allahabad HC2 May 2023A482/4859/2023

Case brief

AI extract

What is this about?

High Court disposed of an application under Section 482 Cr.P.C. seeking quashing of charge-sheet. Instead of quashing, the Court directed authorities to decide the bail application within three weeks upon surrender and directed no coercive action during this period, relying on Satender Kumar Antil.

What did the court decide?

Direction to lower courts to decide bail application within three weeks; no coercive action for this period upon surrender.

Dinesh Kumar and 5 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 4859 of 2023 Applicant :- Dinesh Kumar And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Asthana,Surya Prakash Maurya Counsel for Opposite Party :- G.A.,Parmeshwar Kr. Chaudhary

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Hon'ble Vipin Chandra Dixit,J.

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Heard Sri Sanjay Kumar Asthana, learned counsel for the applicants, learned A.G.A. for the State, Sri Parmeshwar Kumar Chaudhary, learned counsel appearing for opposite party no.2 and perused the record.

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This application u/s 482 Cr.P.C. has been filed for quashing the charge-sheet dated 11.6.2022 as well as the entire proceedings of Case No.1543 of 2022 (State Vs. Dinesh Kumar and others), arising out of Case Crime No.0490 of 2021, under Sections 147, 149, 323, 325, 308 I.P.C., P.S. Nawabganj, District Prayagraj pending in the court of Judicial Magistrate, Prayagraj.

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The contention of counsel for the applicants is that no offence against the applicants is disclosed and the present case has been instituted with a malafide intention for the purposes of harassment.

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After arguing the case for some time, learned counsel for the applicants submits that the applicants do not want to press the prayer for quashing of entire criminal proceedings and the purpose of his client would suffice, if a direction may be given to the courts below to decide the bail application within specific time frame.

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Considering the facts and circumstances of the case, it is provided that if the applicants surrender and apply for bail within three weeks from today, the Courts below may decide the bail application of the applicants expeditiously in the light of guidelines laid down by Hon'ble Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation & Anr. reported in (2021) 10 SCC 773 .

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For the period of three weeks, no coercive action shall be taken against the applicants in the aforesaid case.

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With the above directions, present application U/s 482 Cr.P.C. is disposed of.

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Order Date :- 2.5.2023 Kpy

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Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad

Dinesh Kumar and 5 Others v. State of U.P. and Another

Case brief

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Dinesh Kumar and 5 Others v. State of U.P. and Another

Case brief

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