Dismissed

Sonu Chauhan and 2 Others v. State of U.P. and Another

Allahabad HC17 Mar 2023A482/8970/2023

Case brief

AI extract

What is this about?

The High Court dismissed the unpressed prayer to quash the charge-sheet and proceedings under Section 482 Cr.P.C. However, it directed that if the applicants surrender and apply for bail within 30 days, the trial court must decide it expeditiously, barring coercive actions during this period.

What did the court decide?

Prayer for quash dismissed; direction to decide bail expeditiously on surrender within 30 days; no coercive action in interim.

Sonu Chauhan and 2 Others Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2023)

¶1

Court No. - 71

¶2

Case :- APPLICATION U/S 482 No. - 8970 of 2023

¶3

Applicant :- Sonu Chauhan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amiteshwar Shukla,Vijay Prakash Mishra Counsel for Opposite Party :- G.A.

¶4

Hon'ble Samit Gopal,J.

¶5

List revised.

¶6

Heard Shri Amiteshwar Shukla, learned counsel for the applicants, Shri Ankit Srivastava, learned counsel for the State and perused the material brought on record.

¶7

The present application under Section 482 Cr.P.C. has been filed by the applicants-Sonu Chauhan, Smt. Rekha Chauhan and Chandan with the prayer to quash the charge-sheet dated 7.11.2022 u/s 419, 420, 406, 504, 506 IPC, P.S. Pipraich, District Gorakhpur arising out of Case Crime No.446 of 2022 in which cognizance has been taken on 2.2.2023 by A.C.J.M., Court No.3, Gorakhpur, summoning order dated 2.2.2023 as well as entire proceedings of Case No.4909 of 2023 "State Vs. Sonu Chauhan and others" u/s 419, 420, 406, 504, 506 IPC, P.S. Pipraich, District Gorakhpur pending before Addl. Civil Judge (J.D.), Court No.10, Gorakhpur arising out of Case Crime No.446 of 2022 and further with the prayer to stay the further proceeding of aforesaid case during the pendency of the present application before this Hon'ble Court.

¶8

At the very outset, learned counsel for the applicants states that the purpose of the applicants would suffice if an order is passed directing the trial court to decide the bail application of the applicants, as expeditiously as possible. He further states that although the prayer has been made for quashing of the charge sheet, cognizance order and the proceedings of the case but he does not press the same.

¶9

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

¶10

In view of the above, the prayer for quashing of proceedings/cognizance order/charge sheet is dismissed as not pressed.

¶11

However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicants, it is directed that if the accused-applicants surrender before the trial court and apply for bail within 30 days from

¶12

today, the same shall be considered and decided expeditiously in accordance with law. Till the aforesaid period, no coercive action shall be taken against the applicants.

¶13

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

¶14

The present application is disposed of.

¶15

(Samit Gopal, J.) Order Date :- 17.3.2023 Gaurav

¶16

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

Sonu Chauhan and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sonu Chauhan and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Manoj Jain and 2 Others Vs State of U.P. and Another

Neraj and Another Vs State of U.P. and Another

Abhishek Singh Vs State of U.P. and 2 Others

Anoop Kumar Vs State of U.P. and Another

Dheeraj Jindal Vs Central Bureau of Investigation and 3 Others

Sonu Chauhan and Another Vs State of U.P. and Another