Disposed

Subhash Chandra and Another v. State of Up and Another

Allahabad HC14 Mar 2019A482/8558/2019

Case brief

AI extract

What is this about?

The High Court, under Section 482 Cr.P.C., directed the lower court to expeditiously hear a bail application if the applicants surrender within 45 days. A stay on coercive action was granted for this period before the direction takes effect. The charge-sheet challenge was given up.

What did the court decide?

Protection from coercive action for 45 days; direction to lower court to expeditiously dispose of bail application if applicants surrender within 45 days.

Subhash Chandra and Another Vs State of Up and… — Criminal Trial and Appeal | Allahabad HC (2019)

¶1

Court No. - 70

¶2

Case :- APPLICATION U/S 482 No. - 8558 of 2019

¶3

Applicant :- Subhash Chandra And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Shashank Yadav Counsel for Opposite Party :- G.A.

¶4

Hon'ble Sanjay Kumar Singh,J.

¶5

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.

¶6

This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge-sheet dated 10.08.2018 arising out of Case Crime No.351 of 2018 and cognizance order dated 15.10.2018 and criminal proceedings in S.S.T.No.2916 of 2018 (State vs. Subhash Chandra & another) under Sections 420, 406, 323, 504 & 506 I.P.C. & Section 3(1)da and 3(1) dha of SC/ST Act, Police Station Narkhi, District -Firozabad, pending in the court of Additional District Judge, IInd, District Firozabad.

¶7

The learned counsel for the applicants after advancing his arguments at some length, gave up his challenge to the aforesaid impugned charge-sheet dated 10.08.2018 and impugned criminal proceedings against the applicant 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 applicant expeditiously in accordance with law.

¶8

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 applies 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 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.

¶9

For the period of 45 days from today, no coercive action shall be taken against the applicants.

¶10

With the above observations, this application under Section 482 Cr.P.C. is disposed of.

¶11

Order Date :- 14.3.2019 SKD

Subhash Chandra and Another v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Subhash Chandra and Another v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kamlesh Vs State of U.P.

Mohan @ Mohan Kumar Vs State of U.P.

Shivang Gupta Vs State of U.P.

Mahendra Singh Vs State of U.P. and 2 Others

Premjeet Singh and 4 Others Vs State of U.P. and Another

Prafull Chandra Mishra Vs State of U.P. and Another