Disposed

Ram Singh Yadav @ Pintu and Another v. State of U.P. and Another

Allahabad HC22 Feb 2021A482/3304/2021

Case brief

AI extract

What is this about?

Applicants abandoned the primary prayer to quash a summoning order under Section 482 Cr.P.C. instead seeking expedited bail consideration. The court granted a 30-day window for surrender and bail application without coercive action.

What did the court decide?

A 30-day period was granted for surrender and bail application without coercive action; the Section 482 application was disposed of based on alternative relief.

Ram Singh Yadav @ Pintu and Another Vs State of… — Writ and Judicial Review | Allahabad HC (2021)

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 3304 of 2021

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Applicant :- Ram Singh Yadav @ Pintu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Kumar Rai 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, 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 summoning order dated 23.10.2020 passed by the Special Judge (POCSO Act), Azamgarh in Complaint Case No. 2 of 2020 (Sheela Devi v. Ram Singh Yadav @ Pintu and others) summoning under Sections 354, 504, 506 I.P.C. and 7/8 Prevention of Children from Sexual Offences Act.

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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, learned 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 their bail application.

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Considering the aforesaid alternative prayer made by learned 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, the bail application of the applicants 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 applicants.

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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 :- 22.2.2021 SKT/-

Ram Singh Yadav @ Pintu and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ram Singh Yadav @ Pintu and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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