Disposed

Constable Surendra Singh v. State of Up and Another

Allahabad HC4 Jun 2020CRLR/1039/2020

Case brief

AI extract

What is this about?

This criminal revision was disposed of with a direction ordering the revisionist to surrender before the lower court within one month and seek bail. No coercive action was to be taken if he surrendered within the stipulated time, citing precedent.

What did the court decide?

Direction to surrender before the lower court within one month; no coercive action pending compliance.

Constable Surendra Singh Vs State of Up and Another — Bail and Remand | Allahabad HC (2020)

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In Chamber

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Case :- CRIMINAL REVISION No. - 1039 of 2020

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Revisionist :- Constable Surendra Singh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- J.B. Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for revisionist through video conferencing link as well as learned AGA, Shri Rajesh Mishra, who is present in chamber.

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This criminal revision has been filed against the impugned order dated 07.02.2020 passed by learned Additional Chief Judicial Magistrate - Ist, Gautam Budh Nagar in Case Crime No. 20 of 1999 (State Vs. Sailabh Mittal and others) under Sections 119, 120 B, 193, 196, 217, 218, 465, 471 of IPC, Police Station Jarcha, District Gautam Buddha Nagar. By the impugned order the learned Court below has rejected the discharge application of the revisionist.

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After argument at some length the learned counsel for revisionist has confined his prayer to the extent that this Court be pleased to direct the revisionist to surrender before the Court below within one month from today.

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The prayer so made by the learned counsel is accepted.

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This criminal revision is finally disposed of with a direction that the revisionist will surrender before the lower court within one month and will seek his bail as per law. In case the revisionist surrenders before the lower court within the stipulated time and moves an application for bail, his bail application shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

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For a period of one months from today or till the revisionist surrenders and applies for bail whichever is earlier, no coercive action shall be taken against him. However, in case, the revisionist does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

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With the aforesaid directions, this revision is finally disposed of.

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Order Date :- 4.6.2020 LBY

Constable Surendra Singh v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Constable Surendra Singh v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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