Disposed

Hari Om and 3 Others v. State of U.P. and Another

Allahabad HC5 Feb 2021A482/2517/2021

Case brief

AI extract

What is this about?

In this application under Section 482 CrPC to quash proceedings, the counsel admitted that necessary grounds for invoking the court's inherent powers were not made out. Consequently, the principal prayer for quashing was refused. The court granted an alternative direction for expeditious bail disposal if applicants surrender within 30 days.

What did the court decide?

Quashing prayer refused. Alternative relief granted: bail application to be decided by court below if applicants surrender within 30 days.

Hari Om and 3 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. - 2517 of 2021

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Applicant :- Hari Om And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Pandey 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 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 cognizance taking order dated 01.12.2020 passed by ACJM, Kaushambi, charge-sheet dated 10.08.2020 and proceedings of case no. 829 of 2020 (case crime no. 108 of 2020) under Section 452, 323, 506 IPC, P.S. Kaushambi District Kaushambi.

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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 her bail application.

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Considering the aforesaid alternative prayer made by learned

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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, their bail application 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 them.

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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 :- 5.2.2021 Ashish

Hari Om and 3 Others v. State of U.P. and Another

Case brief

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Hari Om and 3 Others v. State of U.P. and Another

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