Disposed

Omi Alias Omprakash and 3 Others v. State of U.P. and Another

Allahabad HC28 Jul 2022A482/10637/2022

Case brief

AI extract

What is this about?

Mentioned an application under Section 482 CrPC where applicants withdrew their merit challenge to impugned orders and sought protection to surrender. The Court ordered them to surrender within three weeks and directed the lower courts to dispose of their bail application expeditiously while keeping N.B.W. in abeyance.

What did the court decide?

Directed surrender within three weeks and disposal of bail application expeditiously; non-bailable warrants kept in abeyance until surrender.

Omi Alias Omprakash and 3 Others Vs State of U.P. and… — Quashing and FIR | Allahabad HC (2022)

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Court No. - 81

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Case :- APPLICATION U/S 482 No. - 10637 of 2022

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Applicant :- Omi Alias Omprakash And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dileep Kumar,Sudhir Kumar Srivastava

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Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Sudhir Kumar Srivastava, learned counsel for the applicants and the learned A.G.A. for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicants to quash/stay the N.B.W. order dated 08.03.2022 passed by Civil Judge (J.D.)/F.T.C. (C.A.W.), Jhansi in Case No.3186 of 2014 (Smt. Mala Vs. Sanjay and others), under Sections 498A, 323 I.P.C. against applicant no.1 to 4, Police Station-Mahila Thana Nawabad, District-Jhansi, pending in the Court of Civil Judge (J.D.)/F.T.C. (C.A.W.), Jhansi.

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Learned counsel for the applicants submits that the proceedings in the aforesaid case were stayed by the Hon'ble Court but due to non appearance, the case was dismissed in default and non bailable warrants have been issued against the applicants. However, learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet, cognizance order and entire proceedings against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction at the outset may be issued to the concerned courts below to consider and decide the bail application of the applicants expeditiously.

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Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and want to surrender before the concerned court below, he has no objection in granting protection to them for a short period.

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In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within three weeks from today and in case apply for bail, the

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bail application of the applicants shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773 .

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For a period of three weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, effect and operation of the Non Bailable Warrant order dated 08.03.2022 passed by Civil Judge (J.D.)/F.T.C. (C.A.W.), Jhansi in the aforesaid case shall be kept in abeyance.

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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 :- 28.7.2022 Rahul.

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Digitally signed by RAHUL GOSWAMI Date: 2022.08.01 18:09:11 IST Reason: Location: High Court of Judicature at Allahabad

Omi Alias Omprakash and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Omi Alias Omprakash and 3 Others v. State of U.P. and Another

Case brief

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What did the court decide?

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