Disposed

Sukhvir v. State of U.P.

Allahabad HC19 Apr 2023A482/11602/2023

Case brief

AI extract

What is this about?

The High Court, on an application under Section 482 Cr.P.C., directed the applicant to file a surrender application within 15 days. It issued a stay on coercive action regarding a non-bailable warrant and outlined procedures for hearing the surrender and bail applications.

What did the court decide?

Direction to file surrender application by 4th May 2023; no coercive action for 15 days; liberty to file bail application.

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

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 11602 of 2023

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Applicant :- Sukhvir Opposite Party :- State of U.P. Counsel for Applicant :- Kamal Kishor Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr.Kamal Kishor Mishra, learned counsel for the applicant and Mr. K.P. Pathak, learned A.G.A. 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 to quash the Non Bailable Warrant order dated 19.03.2018 passed in Case Crime No.109/2015, and S.T. No.434 of 2015 (State Vs. Sukhveer), under Sections 395, 412 I.P.C., Police Station-GRP, District-Mathura, pending in the Court of Additional District & Session Judge/Special Judge (EC Act) Mathura.

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At the outset learned counsel for the applicant gave up his challenge to the aforesaid prayer and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned court below to consider and decide the bail application/surrender application of the applicant expeditiously.

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Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by him on merits and want to surrender before the concerned court below, he has no objection in granting protection to him for a short period.

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In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall file a surrender application before the concerned Court below on or before 4thMay, 2023 . On receiving the surrender application, the Court concerned shall obtain instructions from the public prosecutor and fix a date for appearance/surrender of the applicant and for hearing the applicant on surrender application.

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On the date fixed by the Court concerned, the applicant will have liberty to prefer a bail application and a copy of the same be provided to the public prosecutor. In case, any such bail application is filed, the same shall be considered by the Court below along with the surrender application, on the date fixed, in accordance with law keeping in view the guidelines as laid down by the Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773.

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For the period of 15 days from today or till the surrender application is decided, whichever is earlier, no coercive action shall be taken against the applicant pursuant to non bailable warrant dated 19.03.2018, in the aforesaid case.

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With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 19.4.2023

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Rahul.

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Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad

Sukhvir v. State of U.P.

Case brief

What is this about?

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Sukhvir v. State of U.P.

Case brief

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