CHHATRAPAL AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/11432/2025 · 2025-04-07
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35548 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35548 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:51100 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 11432 of 2025 Applicant :- Chhatrapal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Tewari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
2. This application has been filed by the applicant to quash the impugned charge sheet no. 250 of 2023 dated 30.12.2023 in Case Crime no. 234 of 2023 under sections 304A, 420 IPC and Section 15(2) and 15(3) of Indian Medical Council Act, PS- Kaila Devi, District Sambhal, impugned cognizance order dated 5.4.2024 passed by learned Chief Judicial Magistrate, Sambhal at Chandausi and its consequential proceedings of Case no. 2308 of 2024 (arising out of Case Crime no. 234 of 2023) under sections 304A, 420 IPC and Sections 15(2) and 15(3) of Indian Medical Council Act, Police Station Kaila Devi, District Sambhal pending in the court of learned Chief Judicial Magistrate, Sambhal at Chandausi.
3. After some argument, learned counsel for the applicants has submitted that he relinquishes the prayer for quashment and wishes to move bail application before the trial court in view of the guidelines/observations given by Hon'ble Apex Court in case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.
4. Learned AGA has no objection to the prayer so made.
5. Considering the above submissions and taking into
consideration the facts and circumstances of the case, it is provided that in case the applicants appears before the court concerned within one month from today and move application for bail, the same shall be considered and disposed of in terms of the guidelines/observations given by Hon'ble Apex Court in Satendra Kumar Antil (supra).
6. For a period of one month from today, no coercive action shall
be taken against the applicants.
7. It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicants.
8. With the above direction, the instant application under Section 528 BNSS stands disposed of.
Order Date :- 8.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad