Partly allowed

Babuji @ Hemendra Pratap and 5 Others v. State of U.P. and 2 Others

Allahabad HC9 Jul 2019A482/16906/2018

Case brief

AI extract

What is this about?

In an application to quash criminal proceedings under Section 482 Cr.P.C., the court granted an undertaking to the sole applicant to ensure appearance for bail consideration while stay proceedings against applicants nos. 2 to 6 pending issuance of counter-affidavits.

What did the court decide?

Stay on proceedings against applicants no. 2 to 6; Applicant No. 1 to surrender within 30 days for bail; no coercive action for that period.

Babuji @ Hemendra Pratap and 5 Others Vs State… — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 16906 of 2018

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Applicant :- Babuji @ Hemendra Pratap And 5 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Anurudh Kumar Prajapati,Anurudh Kumar Tripathi Counsel for Opposite Party :- G.A.,Arun Kumar Pal,Swatantra Kumar

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Hon'ble Rajiv Joshi,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 21.3.2018 as well as the entire proceeding of Criminal Case No. 2485 of 2018; State Vs. Babuji @ Hemendra Pratap and others, arising out of case crime no. 38 of 2018, U/s 498A, 323, 504, 506 IPC and 3/4 D. P. Act, P.S. Mahila Thana, District Etah pending in the concerned court below.

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So far as applicant no. 1 is concerned, the following order is being passed:

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After hearing learned counsel for the applicant no. 1 and learned AGA, this application is finally disposed of with a direction that if the applicant no. 1 appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P . For a period of 30 days from today or till the applicant no. 1 surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against the applicant no. 1. However, in case, the applicant no. 1 does not appear before the Courts below within the aforesaid period, coercive action shall be taken against him.

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So far as applicant nos. 2 to 6 are concerned, the following order is being passed:

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Heard learned counsel for the applicants.

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Learned A.G.A. has accepted notice on behalf of opposite party

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no. 1.

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Issue notice to opposite party no. 2 and 3 returnable at an early date. Steps be taken within a week.

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Counter affidavit to be filed within four weeks by the learned A.G.A. as well as opposite party no. 2 and 3 and rejoinder affidavit to be filed within three weeks thereafter.

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List thereafter.

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After hearing learned counsel for the applicants and also in view of the averments made in the affidavit accompanying the application, prima facie, a case for grant of an interim relief is made out.

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Till the next date of listing, further proceedings against applicant nos. 2 to 6 only in the aforesaid case shall remain stayed.

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Order Date :- 9.7.2019 Noman

Babuji @ Hemendra Pratap and 5 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Babuji @ Hemendra Pratap and 5 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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