Disposed

Adan and Another v. State of Up and Another

Allahabad HC1 Apr 2019A482/10827/2019

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. application, the applicant withdrew the challenge to the chargesheet and sought protection to surrender. The court directed the lower courts to expeditiously decide the bail application within 45 days if applied for.

What did the court decide?

Directed lower courts to consider and decide the bail application of the applicants expeditiously within 45 days; no coercive action for 45 days.

Adan and Another Vs State of Up and Another — Bail and Remand | Allahabad HC (2019)

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 10827 of 2019

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Applicant :- Adan And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Supplementary affidavit filed today on behalf of the applicants, is taken on record.

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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 impugned chargesheet dated 27.12.2014 arising out of Case Crime No.106 of 2014, under Sections 323, 504 I.P.C.& under section 3(1)(10) SC/ST Act, Police Station Pawai, District- Azamgarh, pending in the court of Judicial Magistrate, Azamgarh.

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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 chargesheet dated 27.12.2014 and impugned criminal proceedings 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 application 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 applies for bail, the bail application 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.

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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 :- 1.4.2019 SKD

Adan and Another v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Adan and Another v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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