Disposed

Rishabh Singh @ Brijbhan Singh v. State of U.P. Thru. Prin. Secy. (Home) Govt. of U.P. Lko. and Another

Allahabad HC20 Nov 2024A482/10260/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC sought quashing of cognizance and charge sheet under Sections 303(2), 317(1) BNS. Counsel instead sought liberty to file bail and discharge applications. The court disposed of the petition with such liberty, directing expeditious decision and no coercive action for 30 days.

What the court decided

AI extract

Rishabh Singh @ Brijbhan Singh vs State of U.P. Thru… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:76473

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 10260 of 2024

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Applicant :- Rishabh Singh @ Brijbhan Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) Govt. Of U.P. Lko. And Another Counsel for Applicant :- Anuj Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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

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

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"For the facts, reasons and circumstances as stated in the accompanying affidavit, which is duly supported by an affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the summoning/cognizance dated 20.09.2024 passed by Learned Additional Chief Judicial Magistrate, Court No.1, Gonda in pursuant to the FIR No.215 of 2024 lodged under section 303 (2) BNS, Police Station- Dhanepur, District- Gonda, and also Charge sheet dated 18.08.2024 under section 303 (2), 317 (1) BNS allegedly filed against the applicant in respect of FIR No.215 of 2024 lodged under section 303 (2) BNS, Police Station- Dhanepur, District- Gonda so far as it relates to the applicant, in the interest of justice. (contained as Annexure No. 1 & 2, respectively)

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It is further prayed that the committal proceedings in respect of FIR No.215 of 2024 lodged under section 303 (2) BNS, Police Station- Dhanepur, DistrictGonda on 26.07.2024, "State Vs. Rishab Singh", may be dropped and/or pass such others which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, so far as it relates to the applicant.

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Further, it is also prayed that during the pendency of the present petition, further proceedings in the criminal in pursuant to the Charge sheet filed in FIR No.215 of 2024 lodged under section 303 (2) BNS, Police Station- Dhanepur, DistrictGonda may kindly be stayed so far as it relates to the applicant.

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It is further prayed that during the pendency of the present petition, the Learned Court below may be directed to not to take any coercive measures against the applicant, during pendency of the present application before this Hon'ble Court."

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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

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decided expeditiously.

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

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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.

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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.

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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.

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

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Order Date :- 20.11.2024 Arun/-

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

Rishabh Singh @ Brijbhan Singh v. State of U.P. Thru. Prin. Secy. (Home) Govt. of U.P. Lko. and Another

Case brief

What is this about?

What the court decided

Rishabh Singh @ Brijbhan Singh v. State of U.P. Thru. Prin. Secy. (Home) Govt. of U.P. Lko. and Another

Case brief

What is this about?

What the court decided

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