Disposed

Ashutosh Chaubey @ Vipin and 2 Others v. State of U.P. and Another

Allahabad HC6 May 2025A482/44123/2024

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Applicants sought quashing of a charge-sheet and cognizance order under Sections 482 Cr.P.C. but did not press the relief on merits. The High Court refused the relief, directed surrender within three weeks, expedited consideration of bail applications per Satender Kumar Antil, and granted interim protection from coercive action.

What the court decided

AI extract

Ashutosh Chaubey @ Vipin and 2 Others Vs State of U.P… — Quashing and FIR | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:73330

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Court No. - 84

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Case :- APPLICATION U/S 482 No. - 44123 of 2024

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Applicant :- Ashutosh Chaubey @ Vipin And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Kumar Pandey,Udai Shankar Chauhan Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet no.A121/2024 dated 22.07.2024, cognizance order dated 06.09.2024 as well as entire proceedings in Criminal Case No.33727 of 2024 arising out of Case Crime No.0188 of 2024 (State vs. Tribhuwan Chaubey and others), under Sections 323, 504, 506 I.P.C., P.S. Mardah, District Ghazipur, pending in the court of Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.6, Ghazipur.

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On the matter being taken up, learned counsel for the applicants have not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicants expeditiously.

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Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicants.

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Accordingly the relief as sought by the applicants through this application is refused.

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Considering the aforesaid alternative prayer of the applicants, it is directed that applicants shall surrender before the concerned Court below within three weeks from today and in case apply for bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922.

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For the period of three weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them.

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With the aforesaid directions, this application under Section 482 Cr.P.C. stands disposed of.

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Order Date :- 7.5.2025 SKD

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Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Ashutosh Chaubey @ Vipin and 2 Others v. State of U.P. and Another

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Ashutosh Chaubey @ Vipin and 2 Others v. State of U.P. and Another

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