Disposed

Harsh Dubey v. State of U.P. and Another

Allahabad HC28 Mar 2023A482/10280/2023

Case brief

AI extract

What is this about?

The applicant filed an application under Section 482 Cr.P.C. to quash criminal proceedings and the charge sheet but withdrew the quashing prayer. The Court directed that if the accused surrenders and applies for bail within two weeks, it shall be decided expeditiously, and no coercive action shall be taken during this period.

What did the court decide?

Directed that if the accused surrenders and applies for bail within two weeks, the bail application shall be decided expeditiously; no coercive action to be taken till then.

Harsh Dubey Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 10280 of 2023

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Applicant :- Harsh Dubey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Ojha,Bhupendra Pal Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Bhupendra Pal, learned counsel for the applicant, Sri Sanjay Kumar Singh, learned counsel for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire proceedings of Case No.6138 of 2023 (State Vs. Harsh Dubey) arising out of Case Crime No.363 of 2022, u/s 323, 504, 506 IPC, P.S. Bhelupur, District Varanasi as well as Charge Sheet Dated 1.12.2022 and cognizance order dated 30.1.2023 pending before Addl. Civil Judge (J.D.)/Judicial Magistrate, Varanasi and further to stay the further proceedings of aforesaid case during the pendency of the present application before this Hon'ble Court.

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At the very outset, learned counsel for the applicant states that the purpose of the applicant would suffice if an order is passed directing the trial court to decide the bail application of the applicant, as expeditiously as possible. He further states that although the prayer has been made for quashing of the entire proceedings, charge sheet and cognizance order of the case but he does not press the same. He further states that the applicant shall raise all the objections at the stage of trial before the trial court.

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Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicant.

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In view of the above, the prayer for quashing of entire proceedings, charge sheet and cognizance order is dismissed as not pressed.

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However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicant, it is directed that if the accused-applicant surrenders before the trial court and applies for bail within two weeks from

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today, the same shall be considered and decided expeditiously in accordance with law.

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Till the aforesaid period, no coercive action shall be taken against the applicant in the aforesaid case.

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It is clarified that if the accused-applicant do not appear before the court concerned by the said date, the court concerned shall proceed against him in accordance with law.

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The present application is disposed of.

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(Samit Gopal, J.)

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Order Date :- 28.3.2023 Gaurav

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Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad

Harsh Dubey v. State of U.P. and Another

Case brief

What is this about?

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Harsh Dubey v. State of U.P. and Another

Case brief

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