Smt. Batasiya Devi and 7 Others v. State of U.P.
Case brief
What is this about?
The court disposed of an application under Section 482 Cr.P.C. seeking quashing of proceedings. Instead, it directed courts below to decide the bail application expeditiously within three weeks if applicants surrender and apply for bail, invoking Section 482 Cr.P.C. and the Satender Kumar Antil decision, without imposing coercive orders during that period.
What did the court decide?
Direction to decide bail application expeditiously within three weeks if applicants surrender and apply for bail. No coercive action for three weeks.
What the court decided
Court No. - 69 Case :- APPLICATION U/S 482 No. - 15214 of 2021 Applicant :- Smt. Batasiya Devi And 7 Others Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the parties and perused the record.
This application u/s 482 Cr.P.C. has been filed with the prayer to quash the charge sheet no. 121 of 2019 as well as entire proceeding of Case No. 2250 of 2018 (State vs. Harsh Narayan and others), arising out of Case Crime No. 188 of 2018, under Sections 419, 420, 467, 468, 143, 447, 504, 427 I.P.C., Police Station Sikandarpur, District Ballia.
The contention of counsel for the applicants is that no offence against the applicants is disclosed and the present case has been instituted with a malafide intention for the purposes of harassment.
After arguing the case for quite some time at length, learned counsel for the applicants submits that the applicants do not want to press the prayer for quashing the entire proceedings of aforesaid case and the purpose of his client would suffice, if a direction may be given to the courts below to decide the bail application within specific time frame.
However, it is directed, that in case applicants appear and surrender before the court below within a period of three weeks from today and apply for bail the court below shall consider and decide the bail prayer of applicants expeditiously in accordance with law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation & Anr. reported in (2021) 10 SCC 773.
Issues for consideration
2 issues framed by the court
Whether the charge sheet and proceedings ought to be quashed under Section 482 Cr.P.C.
Whether a direction to decide the bail application within a specific time frame is appropriate.
Parties & counsel
- applicant
Smt. Batasiya Devi And 7 Others
Coram
Vipin Chandra Dixit
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- A482/15214/2021
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