Disposed

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

Allahabad HC6 Apr 2023A482/11726/2023

Case brief

AI extract

What is this about?

The High Court disposed of a Section 482 Cr.P.C. application. Although the applicant surrendered on the merits, the Court granted protection from arrest for six weeks and directed expediterious disposal of the bail application.

What did the court decide?

Direction to applicant to surrender within six weeks and protection from arrest during this period; direction to lower court to dispose of bail application expeditiously.

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

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 11726 of 2023

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Applicant :- Rajesh Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anurag Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the applicant, 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 to quash the summoning order dated 09.11.2021 as well as charge sheet dated 31.08.2021 and the entire proceedings of Criminal Case No. 2283 of 2021 (State Vs. Arvind Kumar Tripathi and Others), arising out of Case Crime No. 0069 of 2021, under Sections 147, 148, 149, 452, 323, 504, 506, 325 I.P.C., Police Station Kishanpur, District Fatehpur, pending in the Court of learned Judicial Magistrate, Khaga, District Fatehpur.

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At the very outset learned counsel for the applicant gave up his challenge to the aforesaid impugned charge-sheet, summoning order and entire proceedings against the applicant 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 courts below to consider and decide the bail 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 surrender before the concerned court below within six weeks from today and in case apply for bail, the bail application of the applicant shall be disposed of expeditiously by the courts below 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 ,

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reported in (2021) 10 SCC 773.

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For the period of six weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, he shall not be arrested in the above 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 :- 6.4.2023 SK Srivastava

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Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad

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

Case brief

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

Case brief

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