Disposed

Devi Charan and 3 Others v. State of Up and Another

Allahabad HC27 Jan 2021A482/19178/2020

Case brief

AI extract

What is this about?

The Supreme Court declined to exercise its discretion under Section 482 Cr.P.C. to quash criminal proceedings. Instead, it directed the applicants to surrender and apply for bail before the lower court within 30 days and promised expeditious adjudication of their bail petition.

What did the court decide?

Application for quashing refused; bail application to be disposed expeditiously if applicants surrender within 30 days.

Devi Charan and 3 Others Vs State of Up and Another — Writ and Judicial Review | Allahabad HC (2021)

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 19178 of 2020

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Applicant :- Devi Charan And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Maurya 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 Vivek Rastogi 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 entire proceedings as well as charge-sheet dated 4.9.2010 as well as cognizance order dated 27.6.2012 in Criminal Case No. 1796 of 2012 (State vs. Devicharan and others) arising out of Non-cognizable Report no.60 of 2009, under Sections 323, 504 I.P.C., P.S. Chauk, district Maharajganj, pending in the Court of Chief Judicial Magistrate, Maharajganj.

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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, seeks bail and accepts all the conditions which this Court may deem fit to impose upon him. The only prayer made by learned counsel for the applicants is for expeditious disposal of their bail application.

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In view of the submission made by learned counsel for the applicants, the prayer, so far it relates to seeking quashing of the entire proceedings, chargesheet as well as cognizance order, stands refused.

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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.

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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.

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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 :- 27.1.2021 S.S.

Devi Charan and 3 Others v. State of Up and Another

Case brief

What is this about?

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Devi Charan and 3 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

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