Disposed

Puneet Pal @ Vipin Kumar Dhangar and Another v. State of U.P. Thru. Prin. Secy. Home Crime and Investigation Deptt. Lko. and Another

Allahabad HC20 Sept 2024A482/8471/2024

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC seeking quashment of a charge sheet and stay of proceedings for Sections 504/506 IPC offences, the Allahabad High Court, Lucknow Bench, allowed liberty to file bail and discharge applications. The court directed the lower court to decide these expeditiously and restrained police from taking coercive action for 30 days.

What did the court decide?

Liberty granted to file bail and discharge applications; police directed not to take coercive action for 30 days.

Puneet Pal @ Vipin Kumar Dhangar and Another vs State of… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:65226

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 8471 of 2024

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Applicant :- Puneet Pal @ Vipin Kumar Dhangar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Crime And Investigation Deptt. Lko. And Another Counsel for Applicant :- Sheo Prakash Singh Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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

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The present application has been filed by the applicants for the following main relief(s):-

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"For the facts, reasons and circumstances stated in accompanying petition, which is duly supported by an affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned Charge Sheet No. 79 of 2024, dated 02/04/2024 arising out of Case Crime/ F.L.R. No- 110/2024, Under Sections- 504/506 LP.C., Police Station- Leelapur, District- Pratapgarh and summoning order dated 18/05/2024 passed by Additional Chief Judicial Magistrate, Court no.13, Pratapgarh in case of (State Versus Vinay Pal and another) as well as further proceedings of Case No. 6068/2024 pending against the petitioners, contained as Annexure No. 1 and 2 to the petition, in the interest of Justice.

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It is further prayed that this Hon'ble Court may also be pleased to stay the further proceedings of Case No. 6068 /2024 arising out of Case Crime/ F.I.R. No110/2024, Under Section-504/506 I.P.C., Police Station- Leelapur, DistrictPratapgarh as well as the implementation of summoning order dated 18/05/2024 pending before Additional Chief Judicial Magistrate, Court no 13, Dist. Pratapgarh (State Versus Vinay Pal and another) during pendency of the petition."

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After arguing at some length, learned counsel for the applicants has submitted that liberty may be given to the applicants 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.

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

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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 applicants apply

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for bail before the Court concerned, their prayer for bail shall be considered and decided expeditiously in accordance with law.

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Liberty is also granted to the applicants 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 applicants apply for bail, whichever is earlier, they would not take any coercive action against the applicants in the aforesaid case.

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

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Order Date :- 20.9.2024 Arun/-

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

Puneet Pal @ Vipin Kumar Dhangar and Another v. State of U.P. Thru. Prin. Secy. Home Crime and Investigation Deptt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Puneet Pal @ Vipin Kumar Dhangar and Another v. State of U.P. Thru. Prin. Secy. Home Crime and Investigation Deptt. Lko. and Another

Case brief

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