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Sachin Prajapati v. State of Up and Another

Allahabad HC22 Oct 2024A482/29997/2024

Case brief

AI extract

What is this about?

The High Court disposed of a Section 482 CrPC application seeking quashing of proceedings. The applicant was not arrested and the offence attracts a 7-year sentence. The court withdrew the application with liberty to file a regular bail application per Supreme Court precedents.

What did the court decide?

Application disposed of with liberty to file a regular bail application.

Sachin Prajapati vs State of Up and Another — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:168324

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 29997 of 2024 Applicant :- Sachin Prajapati Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kunvar Rahul Singh,Prakash Chandra Trivedi Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Heard Sri Prakash Chandra Trivedi, learned counsel for the applicant and Sri Sushil Kumar Shukla, learned A.G.A. for the State and perused the material on record.

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The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceedings of Criminal Case No. 14295 of 2022 (State v. Sachin Prajapati), arising out of Case Crime No. 195 of 2021, under Sections 279, 304-A of IPC, Police Station Sarai Khawaja, District Jaunpur, as well as summoning/cognizance order dated 09.11.2022, pending in the Court of Chief Judicial Magistrate, Jaunpur.

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Learned counsel for the applicant submits that applicant was not arrested during the course of investigation and the charge-sheet has been submitted against him. It is further submitted that the offence is punishable up to 7 years imprisonment.

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After some arguments, learned counsel for the applicant wants to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction.

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In case bail application is filed by the learned counsel for the applicant, the same shall be decided in the light of the observations made in the judgments rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773, Siddharth Vs. The State of Uttar Pradesh & Another 2022 (11) SCC 676 and Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941.

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The application stands disposed of with the aforesaid liberty.

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Order Date :- 22.10.2024/Akram

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Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad

Sachin Prajapati v. State of Up and Another

Case brief

What is this about?

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Sachin Prajapati v. State of Up and Another

Case brief

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What did the court decide?

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