Disposed

Rajesh Kumar Nagar v. State of U.P. and Another

Allahabad HC24 Apr 2023A482/11672/2023

Case brief

AI extract

What is this about?

The applicant requested protection to surrender before the lower court instead of pressing for quashing proceedings. The Court directed the applicant to file a surrender application by May 9, 2023. A stay on coercive measures was granted for 21 days. Directions were issued for expedited hearing of the bail/surrender application below.

What did the court decide?

Direction to file surrender application by May 9, 2023; stay on coercive measures for 21 days; liberty to file bail application.

Rajesh Kumar Nagar Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 11672 of 2023

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Applicant :- Rajesh Kumar Nagar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Pankaj Sharma, learned counsel for the applicant, Mr. K.P. Pathak, learned AGA 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 summoning order dated 11.04.2022 as well as the entire proceedings of Complaint Case No.1644 of 2019 (Amit Singh vs. Rajesh Kumar Nagar & another), under Sections 406, 420 IPC, Police Station-Sadar Bazar, DistrictShahjahanpur, pending before the Court of Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.38, Shahjahanpur.

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At the very 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 applicants 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 courts 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 them on merits and want to surrender before the concerned court below, he has no objection in granting protection to them 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 09th May, 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(s) will have liberty to prefer a bail application and a copy of the same be provided to the public prosecutor. In case, any such 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 and keeping in view the guidelines as laid down by the 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 21 days from today or till the surrender application is decided, whichever is earlier, no coercive measure shall be taken against the applicant.

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In case the applicant(s) does not comply with the aforesaid directions, the court below shall be free to take such measures for appearance of the applicant(s) as required under the law.

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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 :- 24.4.2023 Jitendra/-

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Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad

Rajesh Kumar Nagar v. State of U.P. and Another

Case brief

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Rajesh Kumar Nagar v. State of U.P. and Another

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