Single judge dismissed a Section 482 CrPC application filed by Praveen Kumar Gupta as a misuse of court process due to concealment of a prior disposed application and lack of change of circumstances, imposing a Rs. 1,00,000/- cost.
Application under Section 482 Cr.P.C. dismissed; costs of Rs. 1,00,000/- imposed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 71
Case :- APPLICATION U/S 482 No. - 9287 of 2023
Applicant :- Praveen Kumar Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Tapesh Kumar Agrawal Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
expeditiously. The said order reads as follows:-
"Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The instant application under Section 482 Cr.P.C has been filed for quashing the charge-sheet No.01 of 2021 dated 08.12.2021 in case crime No.91 of 2021, under Sections 406, 506 IPC, Police Station-Rani Ki Saray, District-Azamgarh and also quash the proceedings of Criminal Case No.307 of 2022.
Learned counsel for the applicant submits that FIR was lodged against the applicant on 04.08.2021, under Sections 406, 506 IPC, Police Station-Rani Ki Saray, DistrictAzamgarh. He submits that applicant has been falsely implicated in the present case.
On the other hand, learned AGA has opposed the contention aforesaid and submits that applicant was involved in committing the aforesaid offence.
At this stage, learned counsel for the applicant submits that he does not want to press the application and seek liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court in order dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant.
On due consideration to the submissions of learned counsel for the parties', it is provided that in case, the applicant appears before the trial court within a period of two weeks from today and files bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra).
The application is disposed off accordingly. "
as withdrawn is turned down.
(Samit Gopal, J.)
Order Date :- 20.4.2023
Gaurav
Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the present Section 482 application should be dismissed for concealment of a previously disposed application.
Whether the present application constitutes a misuse of the process of court.
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of InvestigationReferred¶17
Satender Kumar Antil versus Central Bureau of Investigation
1 provisions across 1 enactments
Praveen Kumar Gupta
State of U.P.
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
