Disposed

masuk ali and 3 others v. state of up and another

Allahabad HC12 Mar 2019A482/8610/2019

Case brief

AI extract

What is this about?

The High Court refused to quash the charge-sheet under Section 482 Cr.P.C. Instead, it granted protection against coercive action for 45 days if applicants surrender and move for bail, directing courts to hear the bail application expeditiously following Amrawati and Lal Kamlendra Pratap Singh.

What did the court decide?

Protection against coercive action for 45 days if applicants surrender and apply for bail; direction to hear bail application expeditiously.

masuk ali and 3 others Vs state of up and another — Writ and Judicial Review | Allahabad HC (2019)

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 8610 of 2019

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Applicant :- Masuk Ali And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Alok Tripathi 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 03.04.2017 arising out of Case Crime No.230 of 2017 and criminal proceedings of Case No.305 of 2019, under Sections 323, 504, 506, 452, 427, 324 I.P.C., Police Station Meja, District -Allahabad, pending in the court of Chief Judicial Magistrate-X, Allahabad.

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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 dated 03.04.2017 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 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.

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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 :- 12.3.2019 SKD

masuk ali and 3 others v. state of up and another

Case brief

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masuk ali and 3 others v. state of up and another

Case brief

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