Disposed

Ashu and 3 Others v. State of U.P. and Another

Allahabad HC28 Jan 2021A482/1688/2021

Case brief

AI extract

What is this about?

An application under Section 482 Cr.P.C. to quash criminal proceedings was filed by applicants. Counsel withdrew the quashing prayer upon being granted an opportunity for bail and surrender. The court refused the quashing prayer but directed expeditious bail consideration upon surrender within 30 days.

What did the court decide?

Quashing prayer refused. Direction given for expeditious bail consideration if surrender is made within 30 days. No coercive action during this period.

Ashu and 3 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2021)

¶1

Court No. - 79

¶2

Case :- APPLICATION U/S 482 No. - 1688 of 2021

¶3

Applicant :- Ashu And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.

¶4

Hon'ble Vivek Varma,J.

¶5

Heard learned counsel for the applicants, Sri Vivek Rastogi, learned Additional Government Advocate for the State and perused the record.

¶6

This application under Section 482 Cr.P.C. has been filed by the applicants to quash the proceedings of Criminal Case No. 1466/9 of 2020 (State Vs. Ashu & others), arising out of Case Crime No. 89 of 2020, under sections 3/5-A/8 of Cow Slaughter Act, Police Station Chhapar, District Muzafar Nagar, pending in the court of Addl. Chief Judicial Magistrate, Court No.2, Muzaffar Nagar as well as the charge sheet dated 20.09.2020 and cognizance order dated 09.11.2020.

¶7

At the very out-set learned counsel appearing on behalf of the applicants submits that he does not want to press the principal prayers made in this application. He is ready to submit to the jurisdiction of the 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.

¶8

In view of the submissions made by learned counsel for the applicants, the prayer, so far as it relates to seeking quashing of the proceedings as well as charge sheet and cognizance order, stands refused.

¶9

However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided expeditiously in view of the settled law laid down by the Hon'ble Supreme Court.

¶10

For a period of 30 days from today, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

¶11

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.

¶12

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

¶13

Order Date :- 28.1.2021 Lbm/-

Ashu and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ashu and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S Raj Infra Developers Pvt. Ltd. and 2 Others Vs Union of India

Vidhan Ray Vs State of U.P. and Another

Indra Kumar Pandey Vs State of U.P. and Another

Sonu Yadav Vs State of Up

Uday Singh and Another Vs State of U.P.

Shiv Sahai Vs State of U.P. and Another