Disposed

Jitendra @ Jitendra Singh and 3 Others v. State of U.P. and Another

Allahabad HC2 Dec 2020A482/16549/2020

Case brief

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What is this about?

An application under Section 482 Cr.P.C. seeking quashing of proceedings was disposed of. The Court observed the applicant chose to seek bail instead, directing the trial court to decide the bail application expeditiously and prohibiting coercive action for 45 days.

What did the court decide?

Applicants directed to apply for bail before trial court within 45 days; coercive action stayed for 45 days.

Jitendra @ Jitendra Singh and 3 Others Vs State… — Criminal Trial and Appeal | Allahabad HC (2020)

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Court No. - 83

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Case :- APPLICATION U/S 482 No. - 16549 of 2020

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Applicant :- Jitendra @ Jitendra Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Sri Pradeep Kumar Tiwari, learned counsel for the applicants and learned AGA for the State.

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The applicants have sought for the following relief in the instant application under Section 482 Cr.P.C.:-

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"quash/ set aside impugned charge sheet as well as cognizance order dated 27.8.2020, including entire proceeding, of Criminal Case no. 8225 of 2020 (State Vs. Sripal and others) Case Crime No. 380 of 2019, Under Sections 323, 504, 452, 324 I.P.C., police Station Aliganj District Etah, pending in the court of Additional Chief Judicial Magistrate, Court No. 17, Etah. "

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Learned A.G.A. submits that charge-sheet has been filed after collecting evidence which establishes the complicity of the applicants in the offence. Prima facie commission of offence by the applicants is made out from the material in the record.

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Faced with this, Sri Pradeep Kumar Tiwari, learned counsel for the applicants does not press the relief sought in the present application under Section 482 Cr.P.C. He recasts his relief and submits that the applicants will appear before the learned trial court and apply for bail.

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The only prayer made by Sri Pradeep Kumar Tiwari, learned counsel for the applicants is that bail application of the applicants may be decided expeditiously.

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In view of the submissions made by the learned counsel for the parties, this application is disposed of with the following directions:

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I. The applicants will appear before the learned trial court within a period of 45 days and apply for bail.

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II. In case the bail application is filed within the aforesaid period, the learned trial court shall decide the bail application expeditiously in the light of law laid down by this Court in Amrawati and another Vs. State of U.P. reported at 2004 (57) ALR 290 as well as judgement entered by Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P . reported at 2009 ( 3) ADJ 322 (SC) .

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III. For a period of 45 days no coercive action shall be taken against the applicants.

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IV. In case the applicants do not apply for bail in the aforesaid period, this order shall stand automatically recalled without recourse to this Court. The learned trial court shall proceed thereafter in accordance with law.

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Order Date :- 2.12.2020 Nadeem Ahmad

Jitendra @ Jitendra Singh and 3 Others v. State of U.P. and Another

Case brief

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Jitendra @ Jitendra Singh and 3 Others v. State of U.P. and Another

Case brief

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