Dismissed

Kuttu Yadav and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC21 May 2024A482/4590/2024

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 Cr.P.C. seeking quashing of a charge sheet and cognizance order, holding the petition was dismissed with liberty to apply for bail within two weeks to be decided expeditiously.

What did the court decide?

Prayer for quashing refused; liberty granted to apply for bail within two weeks.

Kuttu Yadav and Another vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:38208

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Court No. - 15 Case :- APPLICATION U/S 482 No. - 4590 of 2024 Applicant :- Kuttu Yadav And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Raj Narain Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for petitioners as well as learned Additional Government Advocate for State.

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The present 482 Cr.P.C. petition has been filed to quash the impugned charge sheet dated 11/09/2021, cognizance order dated 07/10/2022 whereby applicants have been summoned, annexed as Annexure No. 1 & 2 and consequent criminal proceedings drawn against the Applicants in criminal case styled as State Vs. Raj Kumar Gupta and others U/s 147, 352, 448, 420, 427, 506 of the Indian Penal Code, 1860 (Arising out of crime No. 398 of 2020, lodged at P.S- Jankipuram, DistrictLucknow) pending in the Court of Learned Additional Chief Judicial Magistrate V, Court No. 29, Lucknow.

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Learned counsel for petitioners, after arguing for some time, submits that present petition may be dismissed as not pressed with liberty to file a bail application which may be decided in view of law laid down by Supreme Court in "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021 " to which learned A.G.A. has no objection.

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In view of the above, prayer for quashing the impugned proceeding is refused. So far as other prayer is concerned, it is provided that in case the petitioners namely Kuttu Yadav and Ajay Yadav appear before the trial court within two weeks from today and apply for bail, the same shall be decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra).

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The petition is disposed of accordingly.

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Order Date :- 21.5.2024 R.C.

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Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

Kuttu Yadav and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Kuttu Yadav and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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