Disposed

Dinesh Patel Alias Dinesh v. State of U.P.and Another

Allahabad HC22 Jul 2022A482/20633/2022

Case brief

AI extract

What is this about?

Applicant gave up challenge to lower court orders in a domestic violence complaint case and sought only protection to surrender. Court directed applicant to surrender within three weeks and ordered courts to dispose of bail application expeditiously. Non-bailable warrant kept in abeyance.

What did the court decide?

Order to surrender within three weeks; non-bailable warrant kept in abeyance; direction for expeditious bail disposal.

Dinesh Patel Alias Dinesh Vs State of U.P.and… — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 81

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Case :- APPLICATION U/S 482 No. - 20633 of 2022

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Applicant :- Dinesh Patel Alias Dinesh Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Ved Prakash Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Ved Prakash Mishra, learned counsel for the applicant 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 applicant to quash/stay the summoning order dated 13.12.2014 passed by Additional Chief Judicial Magistrate, Bhadohi as well as N.B.W. order dated 23.02.2022 and the entire proceeding of Complaint Case No. 1586 of 2013 (Mukesh Vs. Dinesh and others), under Sections 498A, 323, 504, 506 I.P.C. & Section 3/4 of D.P. Act, Police Station-Aurai, District-Bhadohi.

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At the outset learned counsel for the applicant gave up his challenge to the aforesaid impugned charge-sheet, cognizance order and entire proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The learned counsel for the applicant 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 applicant expeditiously.

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Learned A.G.A. for the State of U.P. submits that in case the applicant is 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 applicant, it is directed that the applicant shall surrender before the concerned court below within three weeks from today and in case apply for bail, the bail application of the applicant 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 applicant before the concerned court below, whichever is earlier, effect and operation of the non bailable warrant dated 23.02.2022 issued against the applicant 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 :- 22.7.2022 Rahul.

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Digitally signed by RAHUL GOSWAMI Date: 2022.07.25 14:37:37 IST Reason: Location: High Court of Judicature at Allahabad

Dinesh Patel Alias Dinesh v. State of U.P.and Another

Case brief

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Dinesh Patel Alias Dinesh v. State of U.P.and Another

Case brief

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