Disposed

Sanjay Bhargav Sahayak Vasil Baki Navis v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Allahabad HC20 Dec 2024/11750/2024

Case brief

AI extract

What is this about?

An applicant in a corruption case moved an application under Section 482 Cr.P.C. to set aside earlier orders and proceedings. The court allowed the applicant to file a discharge application through counsel expeditiously within four weeks while restraining coercive steps temporarily.

What did the court decide?

Permitted applicant to move discharge application through counsel within four weeks; no coercive steps during pendency.

Sanjay Bhargav Sahayak Vasil Baki… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:86150

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 11750 of 2024

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Applicant :- Sanjay Bhargav Sahayak Vasil Baki Navis Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Manish Kumar Agnihotri Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

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This application under Section 482 Cr.P.C. has been filed with following prayer:-

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"WHEREFORE, it is most respectfully prayed that this Hon'ble court may graciously be pleased to set aside the impugned N.B.W. order dated 11.12.2024 issued by the Special Judge Prevention of corruption Act Court No. 7 Sitapur in Case No. 3152/2019, (State of U.P. versus Sanjay Bhargav) Crime No. 0047/2018 U/S 7 of Prevention of corruption Act P.S. Sidhauli, District Sitapur and also set aside the summoning order dated 21.8.2019 issued by the Special Judge Prevention of Corruption Act Court no. 7 Sitapur and also set aside the charge sheet No. A- 178/2018 dated 4.09.2018. contained as ANNEXURE NO. 1,2&3 to this petition.

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It is further prayed that this Hon'ble court to set aside the entire proceedings of Case No. 3152/2019, (State of U.P. versus Sanjay Bhargav) Crime No. 0047/2018 U/S 7 of Prevention of corruption Act P.S. Sidhauli, District Sitapur Pending in the court of Special Judge Prevention of Corruption Act Court No. 7 Sitapur.

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Any other order or direction which this Hon'ble court may deem fit and proper under the facts and circumstances of the case may also be passed in favor of the applicants."

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After arguing the matter up to some length, learned counsel for the applicant submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicant may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same.

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Learned A.G.A. has no objection in grant of aforesaid prayer.

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In view of above, it is provided that applicant is permitted to move his discharge application(s) through counsel within four weeks' from today and in case any such application(s) is/are being filed, same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order.

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Till the aforesaid period of four weeks' and during pendency of discharge application, no coercive steps shall be taken against the applicant in the aforesaid case.

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In case of failure on the part of applicant in moving the discharge application(s) within the aforesaid period, he will not be entitled to the benefit of this order.

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With above directions, this application stands disposed of .

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Order Date :- 20.12.2024 Gurpreet Singh

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Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench

Sanjay Bhargav Sahayak Vasil Baki Navis v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

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Sanjay Bhargav Sahayak Vasil Baki Navis v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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