Dismissed

Kripa Shankar and Others v. State of U.P. and Another

Allahabad HC24 Feb 2020A482/21405/2008

Case brief

AI extract

What is this about?

In a Section 482 Cr.P.C. application to quash a charge sheet, the applicant withdrew the challenge to the FIR. The court refused relief on merits, granted protection from coercive action for 45 days, and directed expedited hearing of bail applications citing Supreme Court precedents.

What did the court decide?

Protection from coercive action for 45 days; direction for expedited hearing of bail application.

Kripa Shankar and Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2020)

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 21405 of 2008

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Applicant :- Kripa Shankar And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- D.K. Srivastava,Phool Singh Yadav Counsel for Opposite Party :- Govt. Advocate,Ashok Kumar Srivastava

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicants, 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 applicants for quashing of the charge sheet dated 26.5.2007 as well as entire proceedings of Case No. 1537 of 2007 (State vs. Kripa Shanker and others) arising out of Case Crime No. 637 of 2006, under Sections 363 and 366 IPC, police station Ghatampur, district Kanpur Nagar pending in the court of Chief Judicial Magistrate, Kanpur Dehat.

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At the time of filing this application in the year 2008, interim protection was granted vide order dated 1.10.208 by the co-ordinate Bench of this Court directing that till the next date of listing further proceedings of aforesaid case shall remain stayed.

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The order sheet shows that said interim order dated 1.10.2018 was not extended thereafter. Therefore, in view of judgment of Apex Court in the case of Asian Resurfacing of Road Agency Pvt. Ltd. and another vs Central Bureau of Investigation, AIR 2018 SC 2039, the aforesaid interim order dated 1.10.2018 has come to an end after lapse of six months.

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After advancing certain arguments at length by learned counsel for the applicants, when the Court put certain query to him, he gave up his challenge

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to the aforesaid charge sheet dated 26.5.2007 against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. Learned counsel for the applicants 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 applicants expeditiously in accordance with law.

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

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Considering the aforesaid prayer made by learned counsel for the applicants, it is directed that in case applicants appear before the concerned court below within 45 days from today and apply for bail, the bail application of the applicants 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 Court Cases, 437.

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For the period of 45 days from today or till the date of appearance of the applicants before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicants 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 :- 24.2.2020 Sumaira

Kripa Shankar and Others v. State of U.P. and Another

Case brief

What is this about?

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Kripa Shankar and Others v. State of U.P. and Another

Case brief

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