Dinesh Singh @ Virendra Kumar Singh v. State of U.P. and Another
Case brief
What is this about?
In an application under Section 482 Cr.P.C., the applicant withdrew the challenge to the summoning order and sought protection and expedited bail. The court refused dismissal of the application but directed protection from coercive action for 45 days.
What did the court decide?
No coercive action against applicant for 45 days; courts below to decide bail application expeditiously.
What the court decided
Court No. - 6
Case :- APPLICATION U/S 482 No. - 16311 of 2020
Applicant :- Dinesh Singh @ Virendra Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Babu Lal Ram,Rajesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of learned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicant for quashing of the summoning order dated 27.1.2020 passed by Additional Chief Judicial Magistrate court No. 1, Varanasi as well as entire proceedings of Complaint Case No. 3128 of 2019 (Muskan Enterprises vs. Aditya Enterprises) under Section 138 Negotiable Instrument Act, police station Lohata, district Varanasi.
After advancing certain arguments at length by learned counsel for the applicant, when the Court put certain query to him, he gave up his challenge to the aforesaid impugned summoning order dated 27.1.2020 against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. Learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicant expeditiously in accordance with law.
Issues for consideration
1 issue framed by the court
Whether to grant protection from coercive action until the applicant appears before the concerns court below to file a bail application.
Parties & counsel
- applicant
Dinesh Singh @ Virendra Kumar Singh
- respondent
State of U.P.
Coram
Sanjay Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- A482/16311/2020
Similar cases
Judgements on the same questions, provisions and authorities, from every court