Disposed

Ram Kishor and 5 Others v. State of U.P. and Another

Allahabad HC20 May 2022A482/6237/2022

Case brief

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What is this about?

In a Section 482 CrPC application, the applicant withdrew the quashing plea, seeking protection to surrender and expedited bail consideration. The court refused the main relief but directed surrender within four weeks and expedited disposal of bail referencing Supreme Court guidelines.

What did the court decide?

Direction to surrender within four weeks; direction to courts below to dispose bail application expeditiously.

Ram Kishor and 5 Others Vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 42

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Case :- APPLICATION U/S 482 No. - 6237 of 2022

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Applicant :- Ram Kishor And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.,Chandra Prakash Kushwaha

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant to quash the summoning order dated 12.08.2021 passed by the Additional Sessions Judge, Court no.3/Special Judge (Dacoity Affected Area), Banda, in Special Case No.124 of 2019, under Sections, 392, 352, 323, 504, 506 I.P.C., P.S. Atarra, District Banda.

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At the outset, learned counsel for the applicants gave up his challenge to the aforesaid impugned summoning order and criminal proceedings against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. 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 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.

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In view of the above, the relief as sought by the applicants in the instant application is refused.

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However, 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 four weeks from today and in case apply for bail, the 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 , 2021 SCC Online SC 922.

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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 :- 20.5.2022 Nitin Verma

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Digitally signed by NITIN KUMAR VERMA Date: 2022.05.20 17:31:18 IST Reason: Location: High Court of Judicature at Allahabad

Ram Kishor and 5 Others v. State of U.P. and Another

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Ram Kishor and 5 Others v. State of U.P. and Another

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