Partly allowed

Anshul and 3 Others v. State of U.P. and Another

Allahabad HC5 Apr 2023A482/10377/2023

Case brief

AI extract

What is this about?

The High Court dismissed the applicants' unpresssed prayers to quash the charge sheet and summoning order. It directed that if the applicants surrender and apply for bail within two weeks, the same will be considered expeditiously, meanwhile prohibiting coercive action.

What did the court decide?

Prayers to quash charge sheet and summoning order dismissed as not pressed; directed that bail application decided expeditiously if applicants surrender within two weeks.

Anshul and 3 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 10377 of 2023

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Applicant :- Anshul And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Shekhar Mishra 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 Ajay Kumar, Advocate holding brief of Sri Chandra Shekhar Mishra, learned counsel for the applicants, Sri B.B. Upadhyay, 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 applicants Anshul, Vikash and Manoo with the prayer to allow this application and quash the charge sheet dated 22.03.2022 and summoning order dated 23.06.2022 of the Case No. 2356 of 2022, arising out of Case Crime No. 5 of 2022, under Sections 452, 323, 504, 506, 324 I.P.C., Police Station Gangoh, District Saharanpur, pending in the court of ACJM-III, Saharanpur and with a further prayer to stay the further proceedings of the aforesaid case, during the pendency of the present application.

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At the very outset, learned counsel for the applicants states that the purpose of the applicants would suffice if an order is passed directing the trial court to decide the bail application of the applicants, as expeditiously as possible. He further states that although the prayer has been made for quashing and staying the further proceedings of the case but he does not press the same.

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

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In view of the above, the prayer for quashing and staying the further proceedings of the aforesaid case 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 applicants, it is directed that if the accused-applicants surrender before the trial court and apply for bail within two weeks from today, the same shall be considered and decided expeditiously in

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accordance with law. Till the aforesaid period, no coercive action shall be taken against the applicants.

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

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The present application is disposed of.

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Order Date :- 5.4.2023 M. ARIF

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(Samit Gopal, J.)

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Anshul and 3 Others v. State of U.P. and Another

Case brief

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Anshul and 3 Others v. State of U.P. and Another

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