Satnam Singh Vs State of U.P. Thru. Prin. Secy. Home… — Dowry and Cruelty | Allahabad HC (2024)

Satnam Singh Vs State of U.P. Thru. Prin. Secy. Home… — Dowry and Cruelty | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Quashing prayer not granted and no finding on merits; petition disposed of finally with liberty to the petitioner to appear/surrender before the court below within two weeks and file a bail application, which the court below is to decide expeditiously in accordance with law and in view of the dictum in Satender Kumar Antil v. CBI.

Issue for consideration

Whether the chargesheet dated 05.08.2022 and the cognizance/summoning order dated 12.06.2023 in Case Crime No.703 of 2022 ought to be quashed under Section 482 Cr.P.C. +1 more

Court's answer

The petition is disposed of at the admission stage without entering into the merits of the quashing prayer.

Ratio / Principle

The petitioner is permitted to appear/surrender before the court below concerned within a period of two weeks from the date of the order.

Key takeaways

If the petitioner appears/surrenders and files his bail application in the case crime number within the stipulated time, the learned court below shall consider and decide the bail application by affording an opportunity of hearing to the concerning parties, expeditiously, strictly in accordance with law and in view of the Apex Court dictum in Satender Kumar Antil v. CBI.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Rajesh Singh Chauhan, J.), Application U/S 482 No. 159 of 2024, decided 10.1.2024 — Satnam Singh sought quashing under Section 482 Cr.P.C. of the chargesheet dated 05.08.2022 and the cognizance/summoning order dated 12.06.2023 passed by the Chief Judicial Magistrate, Court No.16, Sultanpur in Criminal Case No.6126 of 2023 (State vs. Satnam Singh), arising out of Case Crime No.703 of 2022 under Sections 323, 498-A & 406 IPC and Section 3/4 of the Dowry Prohibition Act, Police Station Kotwali Nagar, District Sultanpur. The State contended the petition was not maintainable given the efficacious remedy of a bail application. The Court, without entering into the merits, disposed of the petition at the admission stage, permitting the petitioner to appear/surrender within two weeks and file a bail application, which the court below was directed to consider and decide expeditiously, after hearing the parties, strictly in accordance with law and in view of the Apex Court dictum in Satender Kumar Antil v. CBI, SLP (Crl.) No.5191 of 2021. Notice to opposite party no.2 was dispensed with.

Neutral Citation No. - 2024:AHC-LKO:2572

Court No. - 11

Case :- APPLICATION U/S 482 No. - 159 of 2024

Applicant :- Satnam Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Saurabh Upadhyay Counsel for Opposite Party :- G.A.

Hon'ble Rajesh Singh Chauhan,J.

1. Heard learned counsel for the petitioner and learned Additional Government Advocate for the State.

2. In view of the proposed order, notice to opposite party no.2 is hereby dispensed with.

3. By means of this petition filed under Section 482 Cr.P.C., the petitioner has prayed for quashing of the impugned Chargesheet dated 05.08.2022 and the cognizance as well as the summoning order dated 12.06.2023 issued by the learned Chief Judicial Magistrate, Court. No.16, Sultanpur in Criminal Case No.6126 of 2023 (State vs. Satnam Singh) relating to Case Crime No.703 of 2022, under Sections 323, 498-A & 406 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police StationKotwali Nagar, District-Sultanpur.

4. The submission of learned counsel for the petitioner is that the petitioner has been falsely implicated in the aforesaid case as he has not committed any offence as alleged in the F.I.R.

5. Be that as it may, since the petitioner can prefer a bail application before the learned court below taking all pleas and grounds, which are available with him, therefore, he should approach the learned court below by filing the bail application.

6. Learned Additional Government Advocate has submitted that this petition under Section 482 Cr.P.C. is not maintainable as the petitioner has got efficacious remedy by filing bail application before the learned court below.

7. Accordingly, without entering into the merits of the issue, the present petition is being disposed of at the admission stage with the permission to the petitioner to appear/ surrender before the court below concerned within a period of two weeks from today and if the petitioner appears/ surrenders and files his bail

application in the aforesaid case crime number before the learned court below within the aforesaid stipulated time, the learned court below concerned shall consider and decide the said bail application by affording an opportunity of hearing to the concerning parties, expeditiously, strictly in accordance with law and in view of the dictum of Apex Court rendered in the case in re: Satender Kumar Antil vs. CBI and others, Special Leave to Appeal (Criminal) No.5191 of 2021.

8. The petition is accordingly disposed of finally .

[Rajesh Singh Chauhan,J.]

Order Date :- 10.1.2024 Suresh/

Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench