Dismissed

Nandu Raja @ Ajay Singh v. State of U.P. and Another

Allahabad HC1 Feb 2021A482/2050/2021

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 Cr.P.C. seeking to quash criminal proceedings. Failing to establish requisite grounds for quashing, the Court substituted its order with a judicial order granting the applicant 30 days to surrender and apply for bail before coercive action could be taken.

What did the court decide?

Quashing prayer denied; applicant granted 30 days to surrender and apply for bail.

Nandu Raja @ Ajay Singh Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2021)

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 2050 of 2021

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Applicant :- Nandu Raja @ Ajay Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jaysingh Yadav 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 and the learned A.G.A. for the State and perused the record.

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The present application under Section 482 Cr.P.C. has been filed for quashing the proceedings of criminal case no. 4081 of 2020 (State vs. Nandu Raja alias Ajay Singh), arising out of case crime no.435 of 2020, under Sections 452, 354, 323, 504 and 506 I.P.C., P.S. Kotwali Lalitpur, District Lalitpur as well as charge-sheet dated 19.07.2020 and cognizance order dated 10.11.2020 passed by Chief Judicial Magistrate, Lalitpur.

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Learned counsel for the applicant, 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 applicant makes a submission that the applicant is 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 him. The only prayer made by learned counsel for the applicant is for expeditious disposal of his bail application.

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Considering the aforesaid alternative prayer made by learned counsel for the applicant, it is provided that in case the applicant appears and surrenders before the court below within 30 days from today and applies for bail, the bail application of the applicant 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 applicant before the Court below, whichever is earlier, no coercive action shall be taken against the applicant.

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However, in case, the applicant does 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 :- 1.2.2021

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Asha

Nandu Raja @ Ajay Singh v. State of U.P. and Another

Case brief

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Nandu Raja @ Ajay Singh v. State of U.P. and Another

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