Disposed

Smt. Jeera Devi and 2 Others v. State of U.P. and Another

Allahabad HC4 Aug 2022A482/22504/2022

Case brief

AI extract

What is this about?

Held an application under Section 482 Cr.P.C. to quash proceedings. The court directed quashing if applicants surrender within 15 days and apply for bail, which will then be heard expeditiously. The N.B.W. order remains in abeyance.

What did the court decide?

Direction given for bail hearing if applicants surrender within 15 days; N.B.W. order kept in abeyance.

Smt. Jeera Devi and 2 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 87

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Case :- APPLICATION U/S 482 No. - 22504 of 2022

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Applicant :- Smt. Jeera Devi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satyendra Narayan Singh,Satya Prakash Singh Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash Tripathi,J.

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Heard learned counsel for the applicants, 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 applicant to quash the entire proceedings of Case Crime No. 219 of 2021 (State Vs. Jay Prakash Yadav and others), under Sections 323, 504, 506, 452, 308 I.P.C., P.S.- Maharajganj, District- Azamgarh, as well as N.B.W. order dated 12.07.2022, passed by Civil Judge (Senior Division) Fast Track Court/Additional Chief Judicial Magistrate, Azamgarh.

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Learned counsel for the applicants contended that no offence against the applicants is disclosed. Present case has been filed with a mala fide intention for the purposes of harassment. He further contended that the entire allegations made against the applicant are false and fabricated. The applicants are innocent and they have not committed any offence.

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At this stage, learned counsel for applicants only submitted that if a direction is issued to the trial court regarding bail, the order in that regard will meet the ends of justice.

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The application is, therefore, disposed of with the direction that if the applicants surrender before the court concerned within 15 days from today and apply for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid down in the cases of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 and Brahm Singh and others Vs. State of U.P. and others, 2016 (95) ACC 950.

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Till then N.B.W. order dated 12.07.2022 shall be kept in abeyance.

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Order Date :- 4.8.2022 v.k.updh.

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Digitally signed by VINOD KUMAR UPADHYAY Date: 2022.08.06 16:45:38 IST Reason: Location: High Court of Judicature at Allahabad

Smt. Jeera Devi and 2 Others v. State of U.P. and Another

Case brief

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Smt. Jeera Devi and 2 Others v. State of U.P. and Another

Case brief

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