Disposed

Pradeep and Another v. State of U.P.and Another

Allahabad HC29 Mar 2019A482/10760/2019

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. seeking quashing of a summoning order. The applicant withdrawn the challenge to the charge-sheet and sought bail. The Court directed courts below to hear bail applications expeditiously within 45 days and restrained coercive action against the applicant.

What did the court decide?

The application was disposed of; courts directed to consider and decide bail applications expeditiously within 45 days; no coercive action against applicants for the period.

Pradeep and Another Vs State of U.P.and Another — Bail and Remand | Allahabad HC (2019)

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Court No. - 70 Case :- APPLICATION U/S 482 No. - 10760 of 2019 Applicant :- Pradeep And Another Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Gauri Shanker Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicants and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties.

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This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the summoning order dated 17.11.2014 passed by A.C.J.M. court No. 2 Aligrah in Criminal Case No. 96/12 of 2014 (Mahaveer vs. Om Prakash and others) arising out of Case Crime No. 734 of 2013, under Sections 323, 504 and 506 IPC, police station Iglas, district Aligarh as well as entire proceedings of aforesaid case.

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The learned counsel for the applicants after advancing his arguments at some length, gave up his challenge to the aforesaid impugned charge-sheet 17.11.2014 against the applicants and requested to grant some protection, so that applicants may surrender before the court below. The learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application and prayed that a direction be issued to the courts below to consider and decide the bail applications of the applicants expeditiously in accordance with law.

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Considering the prayer made by the learned counsel for the applicants, it is directed that in case applicants appear before the concerned court below within 45 days from today and apply for bail, the bail applications of the applicants shall be heard and disposed of expeditiously by the courts below in accordance with settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Criminal Law Journal 755 as well as judgement passed by Hon'ble Apex Court in (2009) 4 Supreme Court Cases, 437, Lal Kamlendra Pratap Singh Vs. State of U.P.

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For the period of 45 days from today, no coercive action shall be taken against the applicants in the above mentioned case.

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With the above observations, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 29.3.2019

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Sumaira

Pradeep and Another v. State of U.P.and Another

Case brief

What is this about?

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Pradeep and Another v. State of U.P.and Another

Case brief

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What did the court decide?

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