Disposed

Shivam Verma v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Allahabad HC23 Sept 2024A482/8564/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC filed to quash criminal proceedings. Court disposed of the application granting liberty to prefer bail and discharge applications, directing trial court to decide expeditiously.

What did the court decide?

Liberty to file bail and discharge applications; direction to trial court to decide expeditiously; direction to police to avoid coercive action for 30 days.

Shivam Verma vs State of U.P. Thru. Addl. Chief… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:65706

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Court No. - 13 Case :- APPLICATION U/S 482 No. - 8564 of 2024 Applicant :- Shivam Verma Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Arvind Kumar Maurya,Pawan Verma 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 for the following main relief:-

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"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to set aside/quash the entire proceeding of Criminal Case No. 4216 of 2023 (State Versus Rohit Kumar Rathaur & Another) arising out of Case Crime No. 1000 of 2022, under Sections 406, 420, 465, 471 of I.P.C., Police Station Kotwali Nagar, District Kheri, pending in the Court of Chief Judicial Magistrate, Kheri, as well as the Charge Sheet and summoning order dated 05/05/2023 passed by Chief Judicial Magistrate, Kheri.

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It is further respectfully prayed that during the pendency of present petition, the further proceeding of Criminal Case No.4216 of 2023 (State Versus Rohit Kumar Rathaur & Another) and the operation and implementation of the summoning order dated 05.05.2023 passed by Chief Judicial Magistrate, Kheri, may kindly be stayed."

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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 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 observation 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, he 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 :- 23.9.2024 Jyoti/-

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Shivam Verma v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

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Shivam Verma v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

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