Disposed

Subhash Chandra Yadva and Another v. State of U.P. and Another

Allahabad HC27 Apr 2023A482/12076/2023

Case brief

AI extract

What is this about?

In a Section 482 Cr.P.C. application to quash proceedings or grant protection, the appellant waived challenges on merits but sought expedited hearing for surrender. The Court directed surrender within 21 days under guidelines of Satender Kumar Antil, restricting coercive measures for that period.

What did the court decide?

Applicants directed to file surrender application by 15.5.2023; no coercive action for 21 days or until surrender decided; liberty to file bail application on hearing.

Subhash Chandra Yadva and Another Vs State of… — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 12076 of 2023

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Applicant :- Subhash Chandra Yadva And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Garun Pal Singh, learned counsel for the applicants, 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 entire proceedings of Criminal Case No.219 of 2020 (Old Case No.1514/IX of 2007), (Mangal Das vs. Kali Charan), under Sections 420, 468, 504, 506 IPC, P.S.-Sadar Bazar, District-Mathura, pending in the court of Civil Judge (Senior Division)/F.T.C./Additional Chief Judicial Magistrate, Mathura.

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Learned counsel for the applicants submits that earlier an Application U/s 482 Cr.P.C. No.12767 of 2008 was filed by the applicants, which was dismissed for want of prosecution vide order dated 26.11.2021. Learned counsel for the applicants submits that he will not file any restoration application in the aforesaid application U/s 482 Cr.P.C. and, therefore, this application has been filed, wherein at the very outset, he gave up his challenge to the aforesaid prayer 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/surrender 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 file a surrender application before the concerned court below on or before 15th May, 2023. On receiving the

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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 :- 27.4.2023 Jitendra/-

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

Subhash Chandra Yadva and Another v. State of U.P. and Another

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Subhash Chandra Yadva and Another v. State of U.P. and Another

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