Disposed

Anoj Kumar and 5 Others v. State of U.P. and Another

Allahabad HC29 Jun 2021A482/8573/2021

Case brief

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What is this about?

In an application under Section 482 Cr.P.C. seeking quashing of proceedings, the applicant recast prayer to seek expeditious bail decision. The court allowed this recast prayer, directing the court below to decide the bail application within 45 days.

What did the court decide?

Applicants directed to appear before trial court within 45 days to apply for bail; trial court to decide expeditiously; no coercive action for 45 days.

Anoj Kumar and 5 Others Vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2021)

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Court No. - 6

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Case :- APPLICATION U/S 482 No. - 8573 of 2021

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Applicant :- Anoj Kumar And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Sri Prashant Sharma, learned counsel for the applicants and learned A.G.A for the State through video conferencing mode.

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This application under Section 482 Cr.P.C has been filed seeking the following relief:

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" to quash the entire proceeding in complaint case No. 781/11 (Smt. Ssantosh Versus Anoj Kumar & others) as well as summoning order dated 16.07.2011 passed by the Chief Judicial Magistrate Chandpur under Section 494, 504, 506 IPC Police State Chandpur District J.P. Nagar pending before Additional Civil Judge (J.D.)/ J.M. Chandpur ."

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Learned A.G.A points out that the impugned order was passed in the year 2011. Prima facie commission of offence by the applicants is made out from the material in the record.

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Faced with this, learned counsel for the applicants does not press the relief sought in the present applicant. He recasts his relief and submits that the applicants will appear before the trial court and apply for bail.

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The only prayer made by Sri Prashant Sharma, learned counsel for the applicants is that the bail application of the applicants may be decided expeditiously.

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In view of the submissions made by learned counsel for the parties, this application is disposed of with the following directions:

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(1) The applicants will appear before the trial court within a

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period of 45 days and apply for bail.

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(2) In case the bail application is filed within the aforesaid period, the trial court shall decide the bail application expeditiously.

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(3) For a period of 45 days no coercive action shall be taken against the applicants.

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(4) In case the applicants do not apply for bail in the aforesaid period, this order shall stand automatically recalled without recourse to this Court. The trial court shall proceed thereafter in accordance with law.

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Order Date :- 29.6.2021 Nadeem Ahmad

Anoj Kumar and 5 Others v. State of U.P. and Another

Case brief

What is this about?

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Anoj Kumar and 5 Others v. State of U.P. and Another

Case brief

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