Disposed

Akash v. State of U.P. and Another

Allahabad HC5 Apr 2019A482/12423/2019

Case brief

AI extract

What is this about?

Application for quashing of criminal proceedings was disposed of after the applicant gave up the challenge and sought protection. The court granted a 45-day suspension on coercive action and directed the lower court to decide the bail application expeditively.

What did the court decide?

No coercive action for 45 days; direction to lower court to decide bail application expeditiously.

Akash Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 12423 of 2019

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Applicant :- Akash Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pankaj Dwivedi 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 applicant 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 applicant with a prayer to quash the impugned cognizance order dated 18.05.2018, charge-sheet dated 04.03.2018 arising out of Case Crime No. 239 of 2017 and proceedings of Criminal Case No.800 of 2018 (State vs. Akash & another), under Sections 452, 354, 354B, 323 I.P.C., Police Station Barhan, District -Agra, pending in the court of Chief Judicial Magistrate, Court No.11th, Agra.

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The learned counsel for the applicant after advancing his arguments at some length, gave up his challenge to the aforesaid impugned cognizance order dated 18.05.2018, chargesheet dated 04.03.2018 and impugned criminal proceedings against the applicant and requested to grant some protection, so that applicant 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 application of the applicants expeditiously in accordance with law.

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Considering the prayer made by the learned counsel for the applicant, it is directed that in case applicant appears before the concerned court below within 45 days from today and applies for bail, the bail application of the applicant 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 applicant.

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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 :- 5.4.2019 SKD

Akash v. State of U.P. and Another

Case brief

What is this about?

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Akash v. State of U.P. and Another

Case brief

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