Disposed

Vijay Kumar @ Dara and 23 Others v. State of U.P. and Another

Allahabad HC6 Apr 2023A482/11776/2023

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC, the court accepted the applicants' alternative prayer for protection instead of quashing the initial proceedings. It directed the applicants to surrender within six weeks, ensuring non-arrest during this period while mandating expeditious disposal of their bail applications.

What did the court decide?

Applicants directed to surrender within six weeks; stay on arrest; bail applications to be disposed of expeditiously.

Vijay Kumar @ Dara and 23 Others Vs State of… — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 11776 of 2023

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Applicant :- Vijay Kumar @ Dara And 23 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Singh 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 applicants, 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 to quash the charge sheet no. 398 of 2021 dated 28.12.2021 as well as cognizance / summoning order dated 04.01.2023 and the entire proceedings of Criminal Case No. 311 of 2023 (State Vs. Vijay Kumar @ Dara and Others), arising out of Case Crime No. 132 of 2021, under Sections 147, 323, 504, 506, 308 I.P.C., pending in the Court of learned Judicial Magistrate-III, Gorakhpur.

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At the very outset learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet, cognizance / summoning order and entire proceedings against the applicants and confined his submission requesting to grant some protection to the applicants 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 of the applicants expeditiously.

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Learned A.G.A. for the State of U.P. submits that in case the applicants are 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 applicants, it is directed that the applicants 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

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Kumar Antil vs. Central Bureau of Investigation and Another , 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 applicants before the concerned court below, whichever is earlier, they 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

Vijay Kumar @ Dara and 23 Others v. State of U.P. and Another

Case brief

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Vijay Kumar @ Dara and 23 Others v. State of U.P. and Another

Case brief

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