Dismissed

Jhamman and 3 Others v. State of Up and Another

Allahabad HC27 Jan 2021A482/19328/2020

Case brief

AI extract

What is this about?

The court refused to quash criminal proceedings because the applicant waived that prayer, seeking only expeditious bail disposal instead. The court directed a 30-day period for appearance and bail application, promising expeditious disposal and immunity from coercive action during that time.

What did the court decide?

Quashing of criminal proceedings refused. 30-day grace period granted for appearance and bail application; coercive action stayed if complied with.

Jhamman and 3 Others Vs State of Up and Another — Bail and Remand | Allahabad HC (2021)

¶1

Court No. - 79

¶2

Case :- APPLICATION U/S 482 No. - 19328 of 2020

¶3

Applicant :- Jhamman And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Praveen Kumar Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Vivek Varma,J.

¶5

Heard learned counsel for the applicants, Sri Vivek Rastogi learned A.G.A for the State/opposite party no.1 and perused the record.

¶6

This application under Section 482 Cr.P.C. has been filed by the applicants to quash the entire proceedings of charge sheet no. 198 of 2020 dated 15.8.2020 in case crime no. 0055 of 2020, under Section 323, 504, 506 & 308 I.P.C., P.S. Nandganj, District Ghazipur and entire proceedings of criminal case no. 5361 of 2020 (State vs. Keshav and others) pending in the court of Chief Judicial Magistrate, Ghazipur.

¶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, 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.

¶8

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 of chargesheet and entire proceedings of criminal case, 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 does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

¶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 :- 27.1.2021 S.S.

Jhamman and 3 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Jhamman and 3 Others v. State of Up 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

Jitendra Pal @ Jeetu Vs State of U.P.

Brij Nandan Pandey Vs State of U.P.

Pawan Kumar Verma Vs State of U.P.

Nandkishor and Another Vs State of U.P. an Another

Manjeet Singh @ Monu Vs State of U.P. and Another

Devi Charan and 3 Others Vs State of Up and Another