Anand Kumar @ Sattan Vs State of U.P. Thru. Prin… — Cheating and Forgery | Allahabad HC (2024)

Anand Kumar @ Sattan Vs State of U.P. Thru. Prin… — Cheating and Forgery | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Application disposed of with liberty to file a bail application before the trial court and a discharge application before the court below, both to be decided expeditiously in accordance with law; police expected not to take coercive action against the applicant for 30 days or till he applies for bail, whichever is earlier. The prayer to quash the summoning order, charge sheet and proceedings was not entertained on merits.

Issue for consideration

Whether the summoning order dated 22.08.2024, Charge Sheet No. 01/2024 dated 20.08.2024 and the entire proceedings of Crl. Case No.27789/2024 (State Vs. Vijay Kumar Singh and others) arising out of Case Crime No.0167/2024 under sections 419, 420, 406, 504, 506, 120-B IPC, pending before the Additional Chief Judicial Magistrate-Ist, Gonda, ought to be quashed. +1 more

Ratio / Principle

The application is disposed of with liberty to the applicant to apply for bail before the court concerned; if he applies for bail, his prayer for bail shall be considered and decided expeditiously in accordance with law.

Key takeaways

Liberty is granted to the applicant to move a discharge application before the court below, and the same shall be decided expeditiously in accordance with law.ratio¶14
Taking note of the facts of the case and the observations in Satendra Kumar Antil (Supra), it is expected that the police officer concerned will not take any coercive action against the applicant for a period of 30 days from the date of the order or till the applicant applies for bail, whichever is earlier.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Saurabh Lavania, J., Order Date 21.9.2024 (Neutral Citation 2024:AHC-LKO:65605): Application U/S 482 No. 8513 of 2024 by Anand Kumar @ Sattan seeking quashing of the summoning order dated 22.08.2024 and Charge Sheet No. 01/2024 dated 20.08.2024 in Crl. Case No.27789/2024 (State Vs. Vijay Kumar Singh and others) arising out of Case Crime No.0167/2024 under sections 419, 420, 406, 504, 506, 120-B IPC, Police Station Mankapur, District Gonda, pending before the Additional Chief Judicial Magistrate-Ist, Gonda, was disposed of (not decided on merits) with liberty to apply for bail before the trial court and to move a discharge application before the court below, each to be decided expeditiously in accordance with law. Relying on Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51, the Court further observed that the police officer concerned is expected not to take any coercive action against the applicant for 30 days from the order or till he applies for bail, whichever is earlier.

Neutral Citation No. - 2024:AHC-LKO:65605

Court No. - 13

Case :- APPLICATION U/S 482 No. - 8513 of 2024

Applicant :- Anand Kumar @ Sattan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Raja Babu Gupta,Vikas Singh Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the applicant and learned AGA for the State as well as perused the record.

The present application has been filed by the applicant seeking following main reliefs:-

"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash/set- aside the summoning order dated 22.08.2024 and Charge Sheet No. 01/2024, dated 20.08.2024, arising out of the Case Crime No.0167/2024, under section 419, 420, 406, 504, 506, 120-B IPC, Police Station- Mankapur, District-Gonda, in Crl. Case No.27789/2024 (State Vs. Vijay Kumar Singh and others), pending in the Additional Chief Judicial Magistrate-Ist, Gonda, against the Petitioner, as contained in Annexure No.1 and 2 to this petition.

And it is further prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of Crl. Case No.27789/2024 (State Vs. Vijay Kumar Singh and others) arising out of the Case Crime No.0167/2024, under section 419, 420, 406, 504, 506, 120-B IPC, Police Station-Mankapur, District-Gonda, pending in the Additional Chief Judicial Magistrate-Ist, Gonda, during pendency of the aforesaid petition, in the interest of justice."

After arguing at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant to file bail application before the trial court which may be decided in view of law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 as also to prefer a discharge application before the court below and the same may be decided expeditiously.

Learned AGA has no objection to the prayer made by learned counsel for the applicant.

Keeping in view the aforesaid, the present application is disposed of with liberty

as prayed for and with a direction to the court below that if the applicant applies for bail before the Court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law.

Liberty is also granted to the applicant to move discharge application before the court below and the same shall be decided expeditiously in accordance with law.

Taking note of the facts of the case and also the observations made in the case of Satendra Kumar Antil (Supra) , this Court is of the view that it would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today or till the applicant applies for bail, whichever is earlier, they would not take any coercive action against the applicant in the aforesaid case.

With the aforesaid observations, the present application is disposed of.

Order Date :- 21.9.2024 Arun/-

Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench