Disposed

Pyare Singh and 02 Others v. State of Up and Another

Allahabad HC8 Mar 2019A482/8206/2019

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What is this about?

The High Court disposed of an application seeking quashing of proceedings. The applicant withdrew the quashing challenge and sought protection. The Court directed non-action against applicants for 45 days pending bail application.

What did the court decide?

Direction that no coercive action shall be taken for 45 days if applications appear and apply for bail within that period.

Pyare Singh and 02 Others 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. - 8206 of 2019

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Applicant :- Pyare Singh And 02 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Munna Tiwari 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 31.08.2018 arising out of Case Crime No. 164 of 2018, summoning order dated 18.10.2018, cognizance order dated 18.10.2018 and proceedings of S. T. No. 587 of 2018, under Sections 354-Gha I.P.C., 67 of the I.T. Act and Section 7/8 POCSO Act, Police Station Taraya Sujan, District-Kushinagar pending in the court of Additional District and Sessions Judge, Court No. 1, Kushinagar.

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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 charge-sheet, summoning order, cognizance order 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 apply 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 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 :- 8.3.2019/AKT

Pyare Singh and 02 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Pyare Singh and 02 Others 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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