Disposed

Deepak Yadav v. State of U.P. and Another

Allahabad HC5 Sept 2024A482/28724/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC to quash proceedings, charge sheet, summoning order and nonbailable warrant in a Ghazipur criminal case. Quashing prayer was refused; court granted 30-day window to seek bail with expedited disposal and no coercive action until surrender.

What did the court decide?

Quashing refused; no coercive action for 30 days or till surrender/bail application, which is to be disposed of expeditiously.

Deepak Yadav vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:144661

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 28724 of 2024

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Applicant :- Deepak Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hira Lal Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Heard learned counsel for applicant, learned Additional Government Advocate for the State and perused the record.

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The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding including charge sheet dated 1.2.2019 as well as summoning order dated 20.1.2020 and nonbailable warrant dated 22.7.2024 passed by Additional Civil Judge (J.D.)/Judicial Magistrate-4, Ghazipur in Criminal Case No. 32 of 2020 arising out of Case Crime No. 58 of 2018, under Sections 41, 411, 419, 420, 413, 414 I.P.C., P.S. Revatipur, District Ghazipur pending in the Court of Additional Civil Judge (J.D.)/Judicial Magistrate-04, Ghazipur. It is also prayed to stay the further proceeding of the aforesaid case during pendency of the present case.

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It is submitted by learned counsel for the applicant that applicant was not arrested on the spot. Co-accused Deepu Yadav was arrested on the spot and he disclosed the name of the applicant. It is further submitted that there is no evidence of involvement of applicant in the crime. No independent witness has been examined. No case is made out against the applicant. It is also submitted that order impugned is perverse and suffers from manifest error of law. Learned Magistrate without applying his mind summoned the accused for facing the trial.

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Per contra learned Additional Government Advocate opposed the contentions made by learned counsel for the applicant and submitted that charge sheet has been filed against the applicant. The cognizance order has been passed after considering the evidence available on record, therefore, the present application deserves to be dismissed.

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Considering the facts and circumstances of the case and after

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going through the available record, the prayer for quashing of the entire proceedings of aforesaid case, cognizance order dated 20.1.2020 is refused.

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However, it is provided that in case the applicant applies for bail within a period of 30 days from today, his application for bail shall be considered and disposed of expeditiously in view of law laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825.

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For a period of 30 days or till the applicant surrenders and applies for bail, no coercive action shall be taken against the applicant in the aforesaid case.

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The application is, accordingly, disposed of.

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Order Date :- 5.9.2024 SY

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Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad

Deepak Yadav v. State of U.P. and Another

Case brief

What is this about?

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Deepak Yadav v. State of U.P. and Another

Case brief

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