Disposed

Sri Prakash Mishra 8 Others v. State of U.P. and Another

Allahabad HC12 Feb 2021A482/1304/2021

Case brief

AI extract

What is this about?

In an application to quash criminal proceedings and a summon order, the court refused the principal prayer. However, allowing an alternative submission, the court directed that if the applicants surrender before the trial court within 30 days and apply for bail, their application will be disposed of expeditiously, and no coercive action will be taken in the interim.

What did the court decide?

Prayer to quash refused; conditional direction given for expeditious disposal of bail application in trial court if applicants surrender within 30 days without coercive action.

Sri Prakash Mishra 8 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2021)

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 1304 of 2021

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Applicant :- Sri Prakash Mishra 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ganesh Shankar Dubey,Sahajendra Singh Yadav

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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 as well as learned A.G.A for the State/opposite party no.1 and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceedings of Case No. 2960 of 2020 (State v. Sri Prakash Mishra and others) in pursuance of the charge-sheet dated 14.07.2020 arising out of Case Crime No. 45 of 2020, under Sections 147, 148, 149, 324, 325, 336, 323, 504, 506 I.P.C., Police Station Chauri, District Bhadohi pending in the Court of the Civil Judge (Junior Division-I), Bhadohi at Gyanpur as well as the summoning order dated 24.08.2020 passed in the said case.

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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, learned 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 SKT/-

Sri Prakash Mishra 8 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sri Prakash Mishra 8 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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