Criminal applicant withdrew prayers to quash proceedings and seek stay, choosing instead to surrender for bail. The court dismissed the application but granted a 45-day reprieve from coercive action pending surrender and bail hearing.
Application dismissed; coercive action stayed for 45 days pending surrender and bail application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 66
Case :- APPLICATION U/S 482 No. - 9943 of 2013
Applicant :- Narain Pradhan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Mishra Counsel for Opposite Party :- Govt. Advocate,Vikas Singh
Hon'ble Rajul Bhargava,J.
Heard Sri Rahul Mishra, counsel for the applicants, Sri Vikas Singh, counsel for opposite party no. 2, learned AGA and perused the record.
This application U/S 482 Cr.P.C. has been filed seeking quashing of the impugned summoning order dated 4.12.2012 (State vs. Narain Pradhan and another) u/s 325, 504, 506 IPC and 3(1)10 SC/ST Act and 3 Prevention of Public Property Act passed in Case no. 1379 of 2012 pending pending in the court of learned A.C.J.M., court no. 12, Fatehpur arising out of Case Crime no. 131 of 2012, u/s 325, 504, 506 IPC and 3(1)10 SC/ST Act, P.S. Ghazipur, District Fatehpur.
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.
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.
Accordingly, the present application is dismissed.
However, it is directed that if the applicants appear and surrender before the court below within 45 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.
For a period of 45 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.
Order Date :- 20.11.2019 Dhirendra/
1 issue framed by the court
Whether the bail hearing shall be expedited on the same day after the applicant withdraws the quashing and stay prayers and submits to jurisdiction.
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Applied¶10
2004 (57) ALR 290
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶10
2009 (3) ADJ 322 (SC)
4 provisions across 4 enactments
Narain Pradhan
State of U.P.
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
