Disposed

Kailash Singh v. State of U.P. Thru. the Addl. Chief Secy. Deptt. of Home, Lko. and Another

Allahabad HC3 Jul 2023/5681/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad heard an application under Section 482 Cr.P.C. seeking quash of summons and proceedings. The court permitted the applicant liberty to apply and file bail bonds within 15 days, stayed coercive action for three weeks, and reserved the application pending compliance.

What did the court decide?

Applicant permitted liberty to apply and file bail bonds within 15 days; coercive action stayed for three weeks.

Kailash Singh Vs State of U.P. Thru. the Addl… — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:42190

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 5681 of 2023

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Applicant :- Kailash Singh Opposite Party :- State Of U.P. Thru. The Addl. Chief Secy. Deptt. Of Home, Lko. And Another Counsel for Applicant :- Avinash Singh Vishen,Prateek Shrivastava Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant, Sri Nirmal Kumar Pandey,learned A.G.A. for the Stateopposite parties and perused the record.

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The instant application under section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the impugned judicial/cognizance and summoning order dated 23-03-2018(Annexure No. 3) passed by the Additional Chief Judicial Magistrate, Court No. 21, Sultanpur in Criminal Case No. 3382 of 2011(Swatantra Chandra Singh Vs. Kailash Singh & another) as well as order dated 08-05-2023(Annexure No. 4) passed by the Additional Chief Judicial Magistrate, Court No. 26, Sultanpur in Complaint No. 3673/2022(Swatantra Chandra Singh Versus Kailash Singh) as well as to quash the entire proceedings of Complaint No. 3673 of 2022 "Swatantra Chandra Singh Versus Kailash Singh" arising out of Criminal Case No. 3382 of 2011, pending before the Additional Chief Judicial Magistrate, Court No. 21, DistrictSultanpur.

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Learned counsel for the applicant submits that the present applicant due to unavoidable circumstances could not appear before the court and thereafter, Bailable Warrants were issued against the applicant on 03-05-2019 and 08-052023, which is also under challenge in this application.

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On the other hand, learned A.G.A. appearing for the State has vehemently opposed the contention aforesaid and submits that the applicant is using the delay-dallying tactics in the matter and as such, the applicant is not entitled for any relief.

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In rejoinder, learned counsel for the applicant submits that the interest of justice would be subserved if the present applicant is permitted to surrender before the court concerned and may file bail bonds and the same may be directed to be accepted within the stipulated period of time as may be fixed by this court.

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Learned counsel further undertakes that the applicant will appear before the court below within a period of three weeks and will submit bail bonds.

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The counsel appearing for the State has no objection to the contentions abovesaid.

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In view of the aforesaid submissions, the applicant is at liberty to apply bail bonds within 15 days from today and if such bail bonds are filed, the same shall be considered as per the law.

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In view of the aforesaid submissions, for the period of three weeks only, no coercive action shall be taken against the applicant.

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However, if the applicant does not appear before the court below within the aforesaid period and does not cooperate with the trial proceedings, this order shall stand revoked and no benefit of this order shall accrue to him.

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The application is disposed off.

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Order Date :- 3.7.2023 AKS

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Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Kailash Singh v. State of U.P. Thru. the Addl. Chief Secy. Deptt. of Home, Lko. and Another

Case brief

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Kailash Singh v. State of U.P. Thru. the Addl. Chief Secy. Deptt. of Home, Lko. and Another

Case brief

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What did the court decide?

What the court decided

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