Disposed

Hakim Singh and 6 Others v. State of U.P. and Another

Allahabad HC2 Feb 2021A482/1706/2021

Case brief

AI extract

What is this about?

The High Court rejected the application to quash criminal proceedings due to insufficient grounds under Section 482 Cr.P.C. Instead, it allowed 30 days for applicants to surrender and file for bail, directing the lower court to decide promptly, with warning of coercive action if terms are not met.

What did the court decide?

Refused quash order; granted 30 days to surrender and apply for bail; directed trial court to decide bail expeditiously.

Hakim Singh and 6 Others Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2021)

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 1706 of 2021

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Applicant :- Hakim Singh And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lavkush Kumar Bhatt 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, 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 to quash the chargesheet dated 17.01.2019 along with cognizance order dated 28.05.2020 as well as the entire proceedings of Criminal Case No.1056 of 2020 (State vs. Yogendra and others) arising out of Case Crime No.0491 of 2018, under Sections 147, 447, 353, 332 I.P.C. and Section 3 of Prevention of Damage to Public Property Act, 1984, P.S.Merapur, District Farrukhabad pending in the Court of the Additional Chief Judicial Magistrate, Farrukhabad.

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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 :- 2.2.2021 Asha

Hakim Singh and 6 Others v. State of U.P. and Another

Case brief

What is this about?

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Hakim Singh and 6 Others v. State of U.P. and Another

Case brief

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