Dismissed

Shivnath and 4 Others v. State of U.P. and Another

Allahabad HC7 Dec 2019A482/43614/2019

Case brief

AI extract

What is this about?

Applicant withdrew prayers for quashing and stay in an S. 482 Cr.P.C. application. Court dismissed those prayers but directed that bail be considered within 30 days of surrender, postponing coercive action during this period.

What did the court decide?

No coercive action to be taken for 30 days; bail to be considered if applicants appear and surrender within this period.

Shivnath and 4 Others Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 66

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Case :- APPLICATION U/S 482 No. - 43614 of 2019

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Applicant :- Shivnath And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raghvendra Prakash Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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This application U/S 482 Cr.P.C. has been filed seeking quashing of the charge-sheet dated 7.4.2019 and entire proceeding of Criminal Case no. 2736 of 2019 arising out of Case Crime no. 66 of 2019, u/s 147, 352, 332, 333, 504, 506, 427 IPC, P.S. Haldharpur, district Mau.

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At the very out-set learned counsel appearing on behalf of the applicants submits that he does not want to press the principal prayers seeking quashing of the charge sheet and the entire proceeding as have been made in the application nor is inclined to press the prayer seeking stay of the summoning order and the proceeding. He is ready to submit to the jurisdiction of the court, seek bail and accept all the conditions which this Court may deem fit to impose upon him. The only prayer made by the learned counsel for the applicants is that the hearing of the bail application may be done on the same day.

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Heard learned AGA and perused the record.

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In view of the submission made by the learned counsel for the applicants the application so far as it relates to seeking quashing of the charge sheet and the entire proceeding and so far as it relates to seeking stay of the proceeding, stands dismissed.

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However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their 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.

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For a period of 30 days from today, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

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With the aforesaid observations, this application is finally disposed off.

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Order Date :- 7.12.2019 Dhirendra/

Shivnath and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shivnath and 4 Others v. State of U.P. and Another

Case brief

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What did the court decide?

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