Disposed

Ram Niwas and 3 Others v. State of U.P. and Another

Allahabad HC5 Apr 2023A482/11434/2023

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. application, the applicant sought quashing of proceedings and exemption from coercive action. The court dismissed the quashing prayer as not pressed but directed that bail applications filed upon surrender within two weeks would be decided expeditiously while prohibiting coercive action during that period.

What did the court decide?

Prayer for quashing dismissed; bail applications on surrender within two weeks to be expedited; coercive action stayed during that period.

Ram Niwas and 3 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 11434 of 2023

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Applicant :- Ram Niwas And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhaju Ram Prasad Sharma,Arvind Kumar Srivastava 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 Arvind Kumar Srivastava, learned counsel for the applicants, Sri Raj Kumar Gupta, 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- Ram Niwas, Ram Prakash, Sandeep and Awneesh with the prayer to quash the entire proceeding as well as summoning order dated 14.12.2022 in Complaint Case No. 25647 of 2022 (Vipin Mishra Vs. Ram Niwas and others) under Sections 452, 323, 427, 504, 506 I.P.C., Police Station Banda, District Shahjahanpur pending before the Additional Chief Judicial Magistrate-II, Court No.17, District Shahjahanpur with a further prayer that proceedings of the aforesaid case be stayed against the applicants 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 of the charge sheet, cognizance order and the 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 of proceedings/cognizance order/charge sheet is dismissed as not pressed.

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However, in view of the peculiar facts and circumstances of the

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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 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 AS Rathore

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(Samit Gopal,J.)

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Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

Ram Niwas and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ram Niwas and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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