Disposed

Mahaveer Singh v. State of U.P. and Another

Allahabad HC3 Dec 2020A482/17861/2020

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. application filed by Mahaveer Singh seeking quashing of a charge sheet, the applicant abandoned the quashing prayer but sought protection to surrender. The court refused the quashing prayer but directed expedited bail proceedings and directed that no coercive action be taken against the applicant for 30 days or until their appearance before the trial court.

What did the court decide?

No coercive action against the applicant will be taken for 30 days; bail application to be disposed of expeditiously.

Mahaveer Singh Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2020)

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Court No. - 6

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Case :- APPLICATION U/S 482 No. - 17861 of 2020

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Applicant :- Mahaveer Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Puneet Kumar Shukla 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 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.

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This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the charge sheet dated 07.08.2020 in Case No. 13377 of 2020 (State vs Mahaveer Singh) arising out of Case Crime No. 255 of 2020, under sections 323, 504, 506, 325, 308 IPC, police station Bilari, district Moradabad pending in the court of ACJM, court No.1, Moradabad.

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After advancing certain arguments at length by the learned counsel for the applicant when the Court put certain query to him, he gave up his challenge to the aforesaid impugned charge-sheet dated 07.08.2020 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.

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In view of above, the relief as sought by the applicant in the instant application is refused .

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Considering the aforesaid prayer made by learned counsel for the applicant, it is directed that in case applicant appears before the concerned court below within 30 days from today and applies for bail, the bail application of the applicant shall be heard and disposed of expeditiously by the courts below in accordance with law keeping in view of 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 of the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P., (2009) 4 Supreme

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Court Cases, 437.

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For the period of 30 days from today or till the date of appearance of the applicant before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicant in the above case.

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

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Order Date :- 3.12.2020 Sazia

Mahaveer Singh v. State of U.P. and Another

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Mahaveer Singh v. State of U.P. and Another

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