Disposed

Sanjay Kumar Gupta v. State of U.P. and Another

Allahabad HC27 Feb 2023A482/7043/2023

Case brief

AI extract

What is this about?

In a Section 482 Cr.P.C. petition, the High Court dismissed the unpressed prayer to quash non-bailable warrants and entire proceedings. The court directed the trial court to decide bail expeditiously if the applicant surrenders within three weeks and kept the warrants in abeyance until then.

What did the court decide?

Non-bailable warrants kept in abeyance; trial court directed to consider bail if applicant surrenders within three weeks.

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

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 7043 of 2023

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Applicant :- Sanjay Kumar Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Singh Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri C.P. Singh, learned counsel for the applicant, Sri Raj Kumar Gupta, learned counsel for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant-Sanjay Kumar Gupta with the prayer to quash the NBW dated 27.9.2022 issued by A.C.J.M. IIIrd, Allahabad as well as entire proceedings in Criminal Case No.2358 of 2007 arising out of Case Crime No.110 of 2006, State Vs. Sanjay Kumar Gupta u/s 3/7 Essential Commodities Act and further to stay the further proceedings of aforesaid case during the pendency of the present application before this Hon'ble Court.

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At the very outset, learned counsel for the applicant states that the purpose of the applicant would suffice if an order is passed directing the trial court to decide the bail application of the applicant, as expeditiously as possible. He further states that although the prayer has been made for quashing of the NBW as well as entire proceedings of the case but he does not press the same. Learned counsel for the applicant further states that vide order dated 27.9.2022, non bailable warrants have been issued against the applicant.

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Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicant.

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In view of the above, the prayer for quashing of NBW as well as entire proceedings is dismissed as not pressed.

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However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicant, it is directed that if the accused-applicant surrenders before the trial court and applies for bail within three weeks from today, the same shall be considered and decided expeditiously in

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accordance with law.

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Till the aforesaid period, non-bailable warrants issued against the applicant shall be kept in abeyance.

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It is clarified that if the accused-applicant do not appear before the court concerned by the said date, the court concerned shall proceed against him in accordance with law.

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The present application is disposed of.

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(Samit Gopal, J.)

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Order Date :- 27.2.2023 Gaurav

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Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad

Sanjay Kumar Gupta v. State of U.P. and Another

Case brief

What is this about?

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Sanjay Kumar Gupta v. State of U.P. and Another

Case brief

What is this about?

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