Disposed

Abhay Pratap Singh v. State of U.P. and Another

Allahabad HC6 Dec 2021A482/15691/2021

Case brief

AI extract

What is this about?

The High Court heard an application to quash criminal proceedings. The applicant's counsel withdrew the specific prayers for quashing but sought an order for expeditious bail consideration. The Court refused the quashing prayer but directed that bail be considered expeditiously if the applicant applied before the lower court within 30 days. The matter was finally disposed of.

What did the court decide?

Prayer to quash refused; direction given to lower court to consider bail application expeditiously if filed within 30 days.

Abhay Pratap Singh Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2021)

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Court No. - 82

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Case :- APPLICATION U/S 482 No. - 15691 of 2021

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Applicant :- Abhay Pratap Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- J.B. Singh,Kaushalesh Prasad Tiwari Counsel for Opposite Party :- G.A.,Buddhi Prakash

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Hon'ble Krishan Pahal,J.

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Heard Sri J.B. Singh learned counsel for the applicant and Buddhi Prakash, the opposite party no. 2 in person and perused the record.

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The application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the impugned charge sheet no. 414 of 2019 dated 28.12.2019 as well as entire proceeding of Case Crime No. 389 of 2019 under Sections 323, 504, 506 IPC and Section 3(1)da, dha of S.C./S.T. Act, Police StationKarchhana, District-Prayagraj and cognizance and non-bailable warrant order dated 28.1.2021 passed by learned Special Judge (S.C./S.T.) Act, Allahabad in Case Crime No. 389 of 2019 under Sections 323, 504, 506 IPC and Section 3(1) da, dha of S.C./S.T. Act, Police Station-Karchhana, District- Prayagraj against the applicant pending before Special Judge (S.C./S.T.) Act, Allahabad.

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Learned counsel for the applicant at the very outset has fairly submitted that the necessary grounds for invoking the inherent powers of this Court under Section 482 CrPC have not been made out in the facts of the present case. Accordingly, he does not wish to press his prayer as made in the present 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 applicant has made an alternative prayer for a direction to be issued to the court below to consider and decide the bail application of the applicant, expeditiously in accordance with law.

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However, it is provided that if the applicant appears before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in accordance to law as expeditiously as possible.

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

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Order Date :- 6.12.2021/Shalini

Abhay Pratap Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Abhay Pratap Singh v. State of U.P. and Another

Case brief

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What did the court decide?

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