Disposed

Anil and 4 Others v. State of Up and Another

Allahabad HC8 Jan 2021A482/19410/2020

Case brief

AI extract

What is this about?

Application to quash proceedings and summoning order was refused after counsel submitted to jurisdiction and sought only bail. Court directed surrender within 30 days for expeditious bail consideration; no coercive action if complied with.

What did the court decide?

Quashing prayer refused; bail application directed to be disposed of expeditiously upon surrender within 30 days; no coercive action for 30 days.

Anil and 4 Others Vs State of Up 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. - 19410 of 2020

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Applicant :- Anil And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sikandar Khan Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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

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This application under Section 482 Cr.P.C. has been filed by the applicant to quash the proceedings of Complaint Case No.27 of 2020 (Smt. Madhu Vs. Anil and others), under sections 363, 323, 452, 354(kh), 342 IPC and 7/8 & 17 POCSO Act, Police Station Kotwali Dehat, District Bulandshahr, pending in the court of Addl. District & Session Judge/Special Judge (POCSO Act), Bulandshahr as well as the summoning order dated 14.10.2020.

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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, 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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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 summoning 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 :- 8.1.2021 Lbm/-

Anil and 4 Others v. State of Up and Another

Case brief

What is this about?

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Anil and 4 Others v. State of Up and Another

Case brief

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