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Umakant Sonkar vs State Of U.P. And Another on 9 January, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Neutral Citation No. – 2024:AHC:4513

Court No. – 91

Case :- APPLICATION U/S 482 No. – 47844 of 2023

Applicant :- Umakant Sonkar

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Rakesh Dubey

Counsel for Opposite Party :- G.A.

Hon’ble Mayank Kumar Jain,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 praying for quashing the entire proceeding of Complaint Case No. 128 of 2023 based on summoning order dated 7.7.2023 passed by Additional Civil Judge/Judicial Magistrate, Ghaziabad, under Section 406 I.P.C. at P.S. Sahibabad, District Ghaziabad. It is further prayed to stay the further proceeding of the aforesaid case.

Learned counsel for the applicant submits initially an application under Section 156(3) Cr.P.C. was filed by the opposite party No. 2 against the applicant in which it was alleged that wife Purnima Sharma and father Suraj Bhan Sharma has transferred certain amount to the applicant. The said application was registered as complaint case and after primary evidence the applicant was summoned under Section 406 I.P.C. It is further submitted that applicant himself has moved an application before Police Commissioner Kanpur Nagar to the effect that it was a matter of money transaction of civil nature. The notice of the opposite party No. 2 was duly replied by the applicant. Learned counsel for the applicant has relied upon the judgement of of Supreme Court Satishchandra Ratanlal Shah vs. State of Gujrarat in Criminal Appeal No. 9 of 2019. It is further submitted that applicant himself has lodged Case No. 111643 of 2021 against the opposite party No. 2 regarding extortion of money under threat and fear.

After some arguments, learned counsel for the applicant has made a statement at the bar that he does not want to press other prayers made in the prayer clause and has confined his prayer only to the relief that the applicant is ready to surrender before the court below and in case, applicant file an application for bail, his bail application be considered and disposed of in view of law laid down by Hon’ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773.

Per contra, Sri S.K. Ojha, learned AGA has submitted that the concerned court has conducted an inquiry under Section 202(1) Cr.P.C. in which documentary evidence was also referred through which the money was transferred in the account of applicant.

Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and want to surrender before the concerned court below, he has no objection in granting protection to them for a short period.

In view of the above statement, it is directed that in case, the applicant appear before the court below within 30 days from today and apply for bail, their bail application be considered and disposed of in view of law laid down by Hon’ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773, after hearing both the parties.

For a period of 30 days from today or till the applicant surrender and moves such an application for bail, whichever is earlier, no coercive measure shall be taken against the applicant in the aforesaid case.

With the aforesaid observations, the application u/s 482 Cr.P.C. is finally disposed of.

Order Date :- 9.1.2024

SY

 

 

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