Disposed

Ram Ratan Chaturvedi v. State of U.P. Thru. Prin. Secy. and Another

Allahabad HC25 Jan 2024/680/2024

Case brief

AI extract

What is this about?

This single-judge order addressed an application seeking quashing of summons and chargesheet under Section 482 Cr.P.C. The court did not quash proceedings but directed that if the applicant surrenders within three weeks and applies for bail, the court below must dispose of bail and subsequent discharge applications expeditiously following the Satender Kumar Antil dictum.

What did the court decide?

Direction to lower court to dispose of bail and discharge applications expeditiously if applicant surrenders within three weeks.

Ram Ratan Chaturvedi Vs State of U.P. Thru. Prin. Secy… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:7605

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 680 of 2024

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Applicant :- Ram Ratan Chaturvedi Opposite Party :- State Of U.P. Thru. Prin. Secy. And Another Counsel for Applicant :- Nadeem Murtaza,Aditya Vikram Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Nadeem Murtaza, learned counsel for the petitioner, Sri Vishwanath Nishad, learned A.G.A. for the State and Sri Saurabh Yadava, learned Advocate, who has put in appearance on behalf of opposite party no.2 and filed Vakalatnama. Said Vakalatnama is taken on record.

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By means of this petition filed under Section 482 Cr.P.C., the petitioner has prayed the following main reliefs:-

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"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceedings of the Case no.117105/2022 titled as State v. Santosh Kumar Maurya and Ors. arising out of Case Crime No.142/2020, registered at Police Station Gomti Nagar, District Lucknow, pending before the learned Chief Judicial Magistrate, Lucknow.

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It is further prayed that the impugned summoning order, dated 03.12.2022, passed by the learned Chief Judicial Magistrate, Lucknow whereby, the applicant has been summoned as an accused under sections 354-A IPC, may also be quashed, along with the impugned chargesheet no.02/2022, dated 19.10.2022.

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It is further prayed to put in abeyance the effect, operation and implementation of the impugned summoning order, dated 03.12.2023, during the pendency of the present petition."

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At the outset, learned counsel for the petitioner has prayed that direction may be issued to the court below for disposal of bail application of the petitioner expeditiously, if possible, on the same day in the light of dictum of the Apex Court in re; Satender Kumar Antil Vs. Central Bureau of Investigation & Anr, Petition(s) for Special Leave to Appeal (Crl.) No(s).5191/2021 .

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Learned A.G.A. and learned counsel for opposite party no.2 have no objection to the aforesaid prayer.

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Therefore, it is provided that if the petitioner surrenders within three weeks from today and moves application for bail, the same shall be considered and disposed of by the court below expeditiously, if possible, on the same day in the light of the dictum of Hon'ble Apex Court in re; Satender Kumar Antil (supra).

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After getting bail, the petitioner may move discharge application and if such discharge application is filed by the petitioner before the learned court below, the same shall be considered and decided, strictly in accordance with law, by affording an opportunity of hearing to the concerning parties, expeditiously.

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Accordingly, the instant petition is disposed of finally.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 25.1.2024 RBS/-

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

Ram Ratan Chaturvedi v. State of U.P. Thru. Prin. Secy. and Another

Case brief

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Ram Ratan Chaturvedi v. State of U.P. Thru. Prin. Secy. and Another

Case brief

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