Disposed

Devendra and 3 Others v. State of U.P. and Another

Allahabad HC26 Apr 2023A482/13489/2023

Case brief

AI extract

What is this about?

The High Court dismissed the prayer to quash the charge sheet as not pressed. However, directing a speedy hearing regarding bail applications upon surrender within three weeks, it ordered no coercive action during this period. The case is disposed of.

What did the court decide?

Prayer to quash dismissed as not pressed; bail applications ordered to be decided expeditiously if applicants surrender within three weeks; no coercive action during this period.

Devendra and 3 Others Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 13489 of 2023

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Applicant :- Devendra And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiva Kant Srivastava,Pradeep Chauhan

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Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Pradeep Chauhan, learned counsel for the applicants, Sri U.P. Singh, 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 Devendra, Phoolbadan, Virendra, Vikas, with the prayer to quash the impugned charge sheet dated 10.8.2022 in Case No. 5827 of 2022, State vs. Devendra and others, arising out of Case Crime No. 153 of 2022, u/s 323, 452, 354, 504, 506, 427 I.P.C., P.S. Kandharapur, District Azamgarh, pending before the Judicial Magistrate F.T.C. Mahila, Azamgarh, as well as cognizance order dated 13.12.2022 and with the further prayer to stay the further proceedings of said case.

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After arguments at length, learned counsel for the applicants states that the purpose of the applicants would suffice if an order is passed directing the trial court to decide the bail application of the applicants, as expeditiously as possible. He further states that although the prayer has been made for quashing of the charge sheet, cognizance order and the proceedings of the case but he does not press the same. He further states that the applicants shall raise all the questions/objections before the trial court.

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Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicants.

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In view of the above, the prayer for quashing of cognizance order/charge sheet is dismissed as not pressed.

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However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicants, it is directed that if the accused-applicants surrender before the trial court and apply for bail within three weeks from today, the same shall be considered and decided

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expeditiously in accordance with law. Till the aforesaid period, no coercive action shall be taken against the applicants.

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It it clarified that if the accused-applicants do not appear before the court concerned by the said date, the court concerned shall proceed against them in accordance with law.

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The present application is disposed of.

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(Samit Gopal,J.)

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Order Date :- 26.4.2023 {Naresh}

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

Devendra and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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Devendra and 3 Others v. State of U.P. and Another

Case brief

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