Disposed

Dara Singh Chauhan v. State of U.P. through Principal Secretary (Home)

Allahabad HC2 Aug 2022A482/23160/2022

Case brief

AI extract

What is this about?

Criminal Misc. Application sought quashing of a charge-sheet and stay of non-bailable warrants (Sections 82 and 83 Cr.P.C.). The court agreed to stay the warrants if the applicant surrenders before the trial court within two weeks.

What did the court decide?

Operation of Section 82/83 Cr.P.C. orders (non-bailable warrants) stayed if applicant appears before trial court within two weeks.

Dara Singh Chauhan Vs State of U.P. through Principal… — Bail and Remand | Allahabad HC (2022)

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E-Court

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Court No. - 91 Case :- APPLICATION U/S 482 No. - 23160 of 2022

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Applicant :- Dara Singh Chauhan Opposite Party :- State Of U.P. Through Principal Secretary (Home) Counsel for Applicant :- Ashok Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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In Ref: Criminal Misc. Application No. Nil of 2022

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The present petition U/S 482 Cr.P.C. has been placed before this Court by the office in the fresh supplementary list in compliance of an order dated 01.08.2022 passed by Hon'ble the Chief Justice by which a mention made by learned counsel for the applicant was accepted and the matter was directed to be placed before the appropriate Bench tomorrow i.e. 02.08.2022. A communication to the said effect was sent by J.R.Cum-Bench Secretary, Hon'ble C.J. Court to the Registrar (Listing) dated 01.08.2022 which is on record. The present matter is thus before this Court which is being heard. Due notice of the same has been given to the learned Government Advocate.

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Heard Sri Ashok Kumar Pandey, learned counsel for the applicant and Sri Ankit Srivastava, learned counsel for the State and perused the record.

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A Criminal Misc. Application dated 02.08.2022 supported by an affidavit has been filed today in Court which is taken on record.

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The present application U/S 482 Cr.P.C. has been filed before this Court with the following prayers:-

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"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the Charge-sheet dated 16.1.2002 and the entire proceedings of 2789 of 2022 (old no. 5840 of 2003) (State Vs. Daroga Praasad Saroj and others) pending in the Court of learned Addl. Chief Judicial Magistrate, Azamgarh registered as Case Crime No. 302 of 2001 under Sections 147, 148, 323, 336, 427, 353, 332, 341, 504 & 506 I.P.C. and Section 7 of the Criminal Law Amendment Act, Police Station Jahanaganj, District Azamgarh and the non-bailable warrant dated 21.7.2022 issuing proceedings under Sections 82 & 83 Cr.P.C. against the applicant.

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It is further prayed that during the pendency of the present application before this Hon'ble Court, further proceedings of 2789 of 2022 (old no. 5840 of 2003) (State Vs. Daroga Praasad Saroj and others) pending in the Court of learned Addl. Chief Judicial Magistrate, Azamgarh registered as Case Crime No. 302 of 2001 under Sections 147, 148, 323, 336, 427, 353, 332, 341, 504 & 506 I.P.C. and Section 7 of the Criminal Law Amendment Act, Police Station Jahanaganj, District Azamgarh and the non-bailable warrant dated 21.7.2022 issuing proceedings under Sections 82 & 83 Cr.P.C. against the applicant may also be stayed, otherwise, the applicant shall suffer irreparable injury and loss. And/or to pass such other and further order which this Hon'ble Court may deem fit and proper on the facts and circumstances of the case."

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The prayer in the said application dated 02.08.2022 filed today in Court has the following prayer:-

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"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and permit the Applicant to surrender before court and further Non-bailable warrant proceeding

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under Sections 82 and 83 may be quashed. The Applicant is not pressing for quashing of the charge-sheet and proceeding of Case No. 2789 of 2022. And/or may pass such other and further orders which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, otherwise the Applicant will suffer an irreparable loss and injury."

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Learned counsel for the applicant has argued that the applicant is ready to surrender before the Court within a period fixed by this Court. Paragraph 4 of the affidavit is support of Misc. Application has been placed before the Court for the same which reads as follows:-

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"4. That, Applicant is ready to surrender before the court by the period filed by this Hon'ble High Court."

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Learned counsel for the State does not dispute this proposition. Both the learned counsels state that the present application be disposed of at this stage only.

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The case as it stands today is that proceedings under Section 82 Cr.P.C. were initiated against the applicant along with non-bailable warrant vide order dated 21.07.2022. The true and certified copy of which is Annexed as Annexure-2 to the affidavit. Thereafter proceedings under Section 83 Cr.P.C. along with nonbailable warrant have been issued vide order dated 27.07.2022. The true and certified copy of which is Annexed as Annexure-3 to the affidavit. It is apt to mention in the matter that charge-sheet has been submitted after investigation and the investigation has concluded.

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After having heard the learned counsel for the parties and specifically considering the Misc. Application dated 02.08.2022 filed today in Court by which the prayer of the present Application U/S 482 Cr.P.C. has been qualified, it is provided that in case the applicant appears before the court concerned within a period of two weeks from today, the operation of the orders passed by the trial court issuing non-bailable warrant and process under Sections 82 Cr.P.C. and 83 Cr.P.C. shall be kept in abeyance.

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Accordingly, the petition stands disposed of.

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Order Date :- 2.8.2022 AS Rathore

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(Samit Gopal,J.)

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Digitally signed by ABHISHEK SINGH RATHOR Date: 2022.08.02 17:18:09 IST Reason: Location: High Court of Judicature at Allahabad

Dara Singh Chauhan v. State of U.P. through Principal Secretary (Home)

Case brief

What is this about?

What did the court decide?

Dara Singh Chauhan v. State of U.P. through Principal Secretary (Home)

Case brief

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What did the court decide?

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