Dismissed

Natthi Lal and 4 Others v. State of U.P. and Another

Allahabad HC8 Apr 2022A482/3075/2022

Case brief

AI extract

What is this about?

This order dismissed an application under Section 482 Cr.P.C. seeking quashing of a summoning order and revisional order, leaving grounds for trial. The court granted a 21-day stay on coercive action and allowed a subsequent bail application under Satender Kumar Antil if the accused surrender.

What did the court decide?

No coercive action for 21 days; accused allowed to move for bail upon surrender within 21 days.

Natthi Lal and 4 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 3075 of 2022

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Applicant :- Natthi Lal And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sati Shanker Tripathi,A.K. Mishra Counsel for Opposite Party :- G.A.,Garun Pal Singh

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Hon'ble Mohd. Aslam,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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The instant application under Section 482 Cr.P.C. has been moved by the applicants for quashing the summoning order dated 23.12.2020, under Sections 323, 452, 504, 506 I.P.C. passed by Judicial Magistrate, Mathura in Complaint Case No.685 of 2019 (Ajay Saraswat Vs. Natthi Lal and others), P.S. Sadar Bazar, Mathura as well as Revisional Order dated 6.1.2022 passed by Additional Sessions Judge, FTC-1, Mathura in Criminal Revision No.165 of 2021 (Natthi Lal and others Vs. State of U.P. and another).

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Learned counsel for the applicants has confined his argument to the law laid down by Hon'ble Apex court in Satender Kumar Antil Vs. Central Bureau of Investigation & Anr. reported in (2021) 10 SCC 773 and prayed for disposal of the bail application, for which learned A.G.A. has no objection.

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From the perusal of record it appears that grounds alleged in the application can be decided by the trial court, therefore, I do not find any cogent reason to interfere in the cognizance order.

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The prayer for quashing of proceedings is refused.

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However, if the accused-applicants surrender before the court below and move bail application within 21 days from today, the court below shall decide the bail application according to the law laid down in Satender Kumar Antil (supra).

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For a period of 21 days from today, no coercive action shall be taken against the applicants in the aforesaid case.

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The application is, accordingly, disposed of.

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Order Date :- 8.4.2022 Anil K. Sharma

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Digitally signed by ANIL KUMAR SHARMA Date: 2022.04.11 10:09:53 IST Reason: Location: High Court of Judicature at Allahabad

Natthi Lal and 4 Others v. State of U.P. and Another

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Natthi Lal and 4 Others v. State of U.P. and Another

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