Disposed

Shiv Karan and 3 Others v. State of U.P. and Another

Allahabad HC29 Jun 2021A482/3923/2021

Case brief

AI extract

What is this about?

The High Court refused relief in an application to quash criminal proceedings after the applicants gave up the challenge to the summoning order. However, the Court directed expeditious bail hearings within 30 days if applicants appear, relying on seven-Judge and Supreme Court precedents, and restrained coercive action during this period.

What did the court decide?

Application to quash refused; coercive action stayed for 30 days; direction for expeditious bail hearing if applicants appear.

Shiv Karan and 3 Others Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2021)

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Court No. - 42

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Case :- APPLICATION U/S 482 No. - 3923 of 2021 Applicant :- Shiv Karan And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kumar Beenu Singh,Prashant Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rohit Ranjan Agarwal,J.

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Heard Sri Kumar Beenu Singh, learned counsel for the applicants and learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed to quash the proceedings of Complaint Case No.5305 of 2020 (Sangita Devi vs. Shiv Karan and others) as well as order dated 17.12.2020 passed by Chief Judicial Magistrate, Kaushambi, summoning the applicants to face the trial under Sections 452, 354-K, 323, 504, 506 IPC.

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At the very outset learned counsel for the applicants states that applicants give up their challenge to the aforesaid summoning order as well as proceedings of aforesaid case and are ready to surrender before the court concerned subject to some protection being granted by this Court.

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In view of the above, the relief as sought by the applicants in the instant application is refused .

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Considering the aforesaid prayer made by learned counsel for the applicants, it is directed that in case applicants appear before the concerned court below within 30 days from today and apply for bail, the bail application of the applicants shall be heard and disposed of expeditiously by the courts below in accordance with law keeping in view of the seven Judges' decision of this Court in the case of Amrawati and another vs. State of U.P., 2005 Crl.LJ 755 as well as judgment of Apex Court in Lal Kamlendra Pratap Singh vs. State of U.P. (2009)4 SCC 437.

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For a period of 30 days from today or till the date of appearance of the applicants before the concerned court below, whichever is earlier, no coercive action shall be taken against them in the above case.

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With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 29.6.2021 Kushal

Shiv Karan and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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Shiv Karan and 3 Others v. State of U.P. and Another

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