Disposed

Premchand and 4 Others v. State of U.P. and Another

Allahabad HC14 Jul 2023A482/15871/2023

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. The applicants withdrew their challenge regarding the charge sheet and cognizance order. The Court directed that the applicants surrender to the lower court within four weeks and shall not be arrested during this period, directing the lower court to decide the bail application expeditiously.

What did the court decide?

Directed that the applicants shall not be arrested for four weeks or till surrender; lower courts to dispose bail applications expeditiously.

Premchand and 4 Others Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:140562

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Court No. - 93

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Case :- APPLICATION U/S 482 No. - 15871 of 2023

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Applicant :- Premchand And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sachin Kanaujiya,Shivam Kanojiya Counsel for Opposite Party :- G.A.,Shiv Kumar Gupta,Shiv Sharan Tripathi

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Hon'ble Ms. Nand Prabha Shukla,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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The instant application under Section 482 Cr.P.C. has been filed by the applicants to quash/stay the charge sheet dated 28.1.2023 as well as cognizance order dated 17.3.2023 and entire proceedings of Case No. 80 of 2023 (State vs. Premchand and others) arising out of Case Crime No. 252 of 2022, under Sections 147, 148, 323, 324, 325, 506, 308 IPC, Police Station Mungrabadshahpur, District Jaunpur, pending in the court of Additional Civil Judge (J.D.)/Pancham/Judicial Magistrate, Jaunpur.

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After arguing the matter at some length, learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet, cognizance 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 at the outset 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 four weeks from today and in case apply for bail, the bail

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application of the applicants 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 Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773.

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For the period of four 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/directions, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 14.7.2023 Puspendra

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Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad

Premchand and 4 Others v. State of U.P. and Another

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Premchand and 4 Others v. State of U.P. and Another

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