Disposed

Shrinath Chauhan and 6 Others v. State of U.P. and Another

Allahabad HC12 Feb 2021A482/1208/2021

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. to quash criminal proceedings, the applicant's counsel admitted lack of grounds for inherent powers and offered to surrender and seek bail. The court disappointed the quash prayer but directed consideration of bail on appearance within 30 days.

What did the court decide?

The principal prayer to quash proceedings refused; conditional relief granted for consideration of bail application on appearance and surrender within 30 days.

Shrinath Chauhan and 6 Others Vs State of U.P… — Writ and Judicial Review | Allahabad HC (2021)

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 1208 of 2021

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Applicant :- Shrinath Chauhan And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Shrama Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicants, Sri Manu Raj Singh, 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 filed by the applicants to quash the proceeding of Criminal Case No. 16 of 2020 (State Vs. Shrinath Chauhan & others) arising out of Case Crime No. 126 of 2019, under Sections 147, 323, 504, 308 IPC, Police Station Mardah, District Ghazipur as well as the cognizance/summoning order dated 25.11.2020.

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Learned counsel for the applicants, after making submissions to some extent, has fairly submitted that necessary grounds for invoking the inherent powers of this Court under Section 482 Cr.P.C. have not been made out in the facts of the present case. Accordingly, he does not wish to press the principal prayer, as made in the application.

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

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At this stage, counsel for the applicants makes a submission that the applicants are ready to submit to the jurisdiction of the concerned court, seek bail and accept all the conditions which this Court may deem fit to impose upon them. The only prayer made by learned counsel for the applicants is for expeditious disposal of their bail application.

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Considering the aforesaid alternative prayer made by learned counsel for the applicants, it is provided that in case the applicants appear and surrender before the court below within 30 days from today and apply for bail, the bail application of the applicants shall be considered and decided by the concerned Court taking into view the settled legal position in this regard.

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For a period of 30 days from today or till appearance of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against the applicants.

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However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

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It is made clear that no application seeking extension of time shall be entertained if this order is not complied with within the aforesaid period.

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

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Order Date :- 12.2.2021 Lbm/-

Shrinath Chauhan and 6 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shrinath Chauhan and 6 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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