Disposed

Ram Singh and 6 Others v. State of U.P. and Another

Allahabad HC11 May 2023A482/17602/2023

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 CrPC by directing the applicants to file a surrender application within 27 days. It granted 21 days of protection from coercive action and empowered the lower court to call for appearance if not surrendered.

What did the court decide?

Direction to file surrender application by 26.05.2023; 21 days protection from coercive action; liberty to prefer bail.

Ram Singh and 6 Others Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

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Neutral Citation No. - 2023:AHC:102571

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 17602 of 2023

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Applicant :- Ram Singh And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Kapoor,Alok Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Alok Kumar Shukla, 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 impugned charge sheet dated 24.09.2022 as Criminal Case No. 34277 of 2023 (State Vs. Ram Singh and others) arising out of Case Crime No. 307 of 2022, under sections 147, 323, 504, 506, 427, 452, 354, 354(Kha), 325 IPC, Police Station Badagaon, District Varanasi and also challenging the impugned summoning order dated 18.03.2023 passed by Additional Chief Judicial Magistrate, Varanasi.

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At the very outset, learned counsel for the applicant gave up his challenge to the aforesaid prayer and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The learned counsel for the applicant 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 applicant is not pressing the relief as sought for by them on

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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 applicant, it is directed that the applicants shall file a surrender application before the concerned court below on or before 26th May, 2023. On receiving the surrender application, the court concerned shall obtain instructions from the public prosecutor and fix a date for appearance/surrender of the applicant(s) and for hearing the applicant(s) 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 bail 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 after hearing the victim 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 action shall be taken against the applicants in the aforesaid case.

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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 :- 11.5.2023/Arti

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Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad

Ram Singh and 6 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ram Singh and 6 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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