Single judge allowed the quashing prayer refusal but issued protective direction allowing accused persons up to two weeks to surrender and apply for bail without coercive measures.
Quashing prayer refused; protective direction against coercive measures issued for two weeks for surrender and bail consideration.
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Court No. - 67
Case :- APPLICATION U/S 482 No. - 1545 of 2023
Applicant :- Arvind Upadhyay And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chandra Prakash Misra,Prakash Sharma Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
This application u/s 482 Cr.P.C. has been filed seeking the quashing of charge sheet dated 14.05.2003 and summoning order dated 20.11.2021 as well as entire proceeding of criminal case no. 874 of 2012 arising out of case crime no. 95 of 2004 under Sections 323, 504, 506 IPC, P.S. Kaptanganj, District Kushinagar pending in the court of Civil Judge (SD), Kushinagar at Padrauna.
Heard counsel for the applicants as well as learned AGA and perused the record.
The Court does not see any illegality, impropriety and incorrectness in the impugned order under challenge and also there seem to be no abuse of court's process. There is no good ground to interfere in the same, therefore, the prayer for quashing of the impugned order is refused.
However, a request has been made that the accused wants to surrender in the court below and apply for bail and for that some protective direction may be issued.
In view of the facts and circumstances of the case it is directed that in case the accused persons surrender and apply for bail within two weeks from today, the same shall be considered and decided in accordance with law.
No coercive measures shall be taken or given effect to in the aforesaid period or till the date of appearance of the accused persons in the court below, whichever is earlier.
With the aforesaid observations, this application is finally disposed of
Order Date :- 1.2.2023
Abhishek Sri.
Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the charge sheet dated 14.05.2003 and summoning order dated 20.11.2021 should be quashed.
Whether protective directions should be issued in case the accused surrender and apply for bail within two weeks.
1 provisions across 1 enactments
Arvind Upadhyay and 3 Others
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
