Sanjay Kumar Chaurasiya v. State of U.P. and Another
Case brief
What is this about?
Sanjay Kumar Chaurasiya v. State of U.P. and Another, Criminal Misc Anticipatory Bail Application U/S 438 Cr.P.C. No. 681 of 2023, High Court of Judicature at Allahabad (Hon'ble Rajeev Misra, J.), decided 14.6.2023 (2023:AHC:126637). Anticipatory bail sought in connection with F.I.R./Case Crime No. 0547 of 2022 dated 21.10.2022, Police Station Kotwali, District Ballia, under sections 409, 420 and 506 IPC, alleging misappropriation of investor amounts by the company; applicant claimed misappropriation was by the other three co-accused directors and clean antecedents; State relied on P. Chidambaram Vs. Directorate of Enforcement, AIR 2019 SC 4198 (section 438 Cr.P.C. jurisdiction to be exercised sparingly, no exceptional ground); counsel for applicant could not rebut; application dismissed. A second F.I.R. had been registered against the applicant subsequently.
What did the court decide?
The court found the State's contention (supported by reliance on P. Chidambaram, that jurisdiction under section 438 Cr.P.C. should be exercised sparingly and no exceptional ground existed) unrebutted, as learned counsel for the applicant could not overcome it.