Disposed

Ramanand Alias Ram and Another v. State of Up and Another

Allahabad HC1 Apr 2019A482/11776/2019

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What is this about?

Court disposed of Section 482 application after applicant gave up challenge to charge-sheet. Court directed courts below to hear bail applications expeditiously if applicants surrender within 30 days, directing no coercive action during this period.

What did the court decide?

Directed no coercive action for 30 days; directed lower courts to hear bail applications expeditiously if applicants surrender.

Ramanand Alias Ram 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. - 11776 of 2019

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Applicant :- Ramanand Alias Ram And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Mahendra Pratap Yadav 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 charge-sheet dated 29.02.2019/28.02.2016 as well as the entire proceedings of Case No. 6725 of 2016 (State vs Ramanand alias Ram and others) arising out of Case Crime No. 0041 of 2016, under sections 323, 452, 336, 504, 506 IPC, PS Dhanghata, District Sant Kabir Nagar pending in the court of Chief Judicial Magistrate, Sant Kabir Nagar.

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Learned counsel for the applicants submits that the applicants have no knowledge of the proceedings of aforesaid case and only when police had visited the house of applicants on 12.02.2019, they came to know about issuing non-bailable warrants against them. Learned counsel for the applicants after advancing his arguments at some length, gave up his challenge to the aforesaid impugned charge-sheet dated 28.02.2016/28.02.2016 against the applicants and requested to grant some protection, so that applicants may surrender before the court below. The learned counsel for the applicant 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 30 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

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Supreme Court Cases, 437, Lal Kamlendra Pratap Singh Vs. State of U.P.

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For the period of 30 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 :- 1.4.2019 Sumaira

Ramanand Alias Ram and Another v. State of Up and Another

Case brief

What is this about?

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Ramanand Alias Ram and Another v. State of Up and Another

Case brief

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