Disposed

Suraj Pal and 3 Ors. v. State of U.P. and Anr.

Allahabad HC18 Jan 2020A482/2037/2020

Case brief

AI extract

What is this about?

Court disposed of Section 482 Cr.P.C. application without expressing opinion on merits, directing trial court to decide on Section 210 Cr.P.C. within one month if moved within 15 days, and staying coercive action.

What did the court decide?

Application disposed without meriting; direction to trial court to decide on Section 210 Cr.P.C. within one month if moved within 15 days; coercive action stayed for one and half months.

Suraj Pal and 3 Ors. Vs State of U.P. and Anr. — Criminal Trial and Appeal | Allahabad HC (2020)

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 2037 of 2020

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Applicant :- Suraj Pal And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Janardan Prasad Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.

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This application under Section 482 Cr.P.C. has been moved by accused-applicants for quashing the entire proceeding of Compliant Case No. 656 of 2017 (Smt. Mithlesh Vs. Suraj Pal and others), under Sections 323, 354, 452, 504, 506 IPC, Police Station Palimukeempur, pending in the Court of learned Judicial Magistrate Atrauli, and summoning order dated 13.04.2018 passed by the learned J.M.Atrauli, Aligarh.

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Learned counsel for the applicants submits that on the same allegations and same incident, Harish Chandra husband of opposite party no. 2 has lodged an FIR against applicants namely Amar Singh, Suraj Pal, Shiv Ram Singh and Sanju, in which investigation was done and charge sheet no. 128/17 dated 10/10/17 was submitted by Investigating Officer before court concerned. It has further been submitted that regarding the same incident, Trial Court summoned the accused-applicants in complaint case no. 656 of 2017 (Smt. Mithlesh Vs. Suraj Pal and others).

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Learned AGA opposed the prayer and submitted that if it is so applicants may move a proper application before the Trial Court indicating entire facts and circumstances of the case and trial court is fully competent to pass an appropriate order.

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Considering the over all facts and circumstances of the case, rival contentions of learned counsel for both the parties and without expressing any opinion on merit, application under Section 482 Cr.P.C. is finally disposed of with a direction to the Trial Court that if applicants appear and move an application under Section 210 Cr.P.C. through their counsel or in person within 15 days, Trial Court shall pass an order considering the facts and legal position of the case in accordance with law within one month.

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For a period of one and half month or till disposal of application

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whichever is earlier, no coercive action shall be taken against the applicants.

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Order Date :- 18.1.2020 Ujjawal

Suraj Pal and 3 Ors. v. State of U.P. and Anr.

Case brief

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Suraj Pal and 3 Ors. v. State of U.P. and Anr.

Case brief

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