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Deepak Shukla vs State Of U P Another

High Court Of Judicature at Allahabad|28 November, 2018
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JUDGMENT / ORDER

Court No. - 12
Case :- APPLICATION U/S 482 No. - 42331 of 2018 Applicant :- Deepak Shukla Opposite Party :- State Of U.P. Another Counsel for Applicant :- Prem Shankar Mishra,Nagendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 05.02.2018 as well as the entire proceedings of Case No. 745 of 2018 (State Vs. Deepak Shukla), arising out of Case Crime No. 1022 of 2017, under Sections 452, 323, 504, 506 and 354(kha) I.P.C., Police Station- Handia, District- Allahabad, pending in the court of Additional Chief Judicial Magistrate, Allahabad.
The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention.
Per contra, learned AGA submitted that from the perusal of the impugned FIR and on the basis of the allegations made therein the impugned proceeding is not liable to be quashed.
However, considering the nature of the allegations made in the F.I.R. and submissions made by learned counsel for the applicant, it is directed that in case the applicant appears before the court concerned within 30 days from today and apply for bail, the same shall be heard and disposed of expeditiously, strictly in accordance with law after hearing the public prosecutor.
For a period of 30 days, no coercive measure shall be taken against the applicant in the aforesaid case.
With the above directions, this application is disposed of finally.
Order Date :- 28.11.2018 Sartaj
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Title

Deepak Shukla vs State Of U P Another

Court

High Court Of Judicature at Allahabad

JudgmentDate
28 November, 2018
Judges
  • Neeraj Tiwari
Advocates
  • Prem Shankar Mishra Nagendra Kumar Mishra