Disposed

Shivam Sharma and 2 Others v. State of U.P and Another .

Allahabad HC2 Aug 2022A482/9906/2022

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What is this about?

The court disposed of an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings. It directed that if the applicants surrender within 15 days and apply for bail, the matter will be heard expeditiously by the lower courts.

What did the court decide?

Direction to appear, surrender and apply for bail within 15 days for expeditious hearing by the court below.

Shivam Sharma and 2 Others Vs State of U.P and… — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 87

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Case :- APPLICATION U/S 482 No. - 9906 of 2022

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Applicant :- Shivam Sharma And 2 Others Opposite Party :- State Of U.P And Another . Counsel for Applicant :- Rahul Pandey 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 and learned A. G. A. for the State.

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This application under Section 482 Cr.P.C. has been filed by applicants to quash the entire proceeding of Special Sessions Trial No. 92/2021 (State Vs. Shivam Sharma and others), under Sections 365, 323, 504, 506 I.P.C. and 3(2) (Va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, P.S.- Anoopshahr, District- Bulandshahr, pending in the court of Special Judge (SC/ST Act), Bulandshahr as well as charge sheet dated 03.12.2020 in Case Crime No. 504/2020.

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Learned counsel for the applicant 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 applicants 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 appear and 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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Order Date :- 2.8.2022 Sharad/-

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Digitally signed by SHARAD KUMAR SRIVASTAVA Date: 2022.08.04 15:16:09 IST Reason: Location: High Court of Judicature at Allahabad

Shivam Sharma and 2 Others v. State of U.P and Another .

Case brief

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Shivam Sharma and 2 Others v. State of U.P and Another .

Case brief

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