Disposed

Tejveer Singh and 4 Others v. State of U.P. and Another

Allahabad HC17 May 2023A482/18349/2023

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the applicant withdrew the challenge to the cognizance order and sought protection to surrender. The court directed the applicants to file a surrender application within a month and granted immunity from coercive action for four weeks. The application is disposed off.

What did the court decide?

Direction to file surrender application by May 31, 2023; immunity from coercive action for four weeks.

Tejveer Singh and 4 Others Vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:108010

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 18349 of 2023

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Applicant :- Tejveer Singh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashi Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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List revised.

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Heard Mr. Shashi Kumar Mishra, learned counsel for the applicants and Mr. Amit Singh Chauhan, learned A.G.A. 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 to quash the cognizance order dated 19.09.2022 passed by Additional Civil Judge (J.D.), Jalesar, Etah and the entire proceeding of Case No.3376 of 2022 (State Vs. Tejveer Singh & others), arising out of Case Crime No.50 of 2021, under Sections 147, 452, 323, 504, 506, 336, 269, 270, 188 I.P.C. & Section 3 Epidemic Disease Act, 1897, Police Station-Sakrauli, DistrictEtah, pending before Additional Civil Judge (J.D.), Jalesar, Etah.

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At the outset learned counsel for the applicants gave up his challenge to the aforesaid prayer 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 may be issued to the concerned court 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 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 file a surrender application before the concerned

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Court below on or before 31st 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 applicants and for hearing the applicants on surrender application.

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On the date fixed by the Court concerned, the applicants 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 keeping in view the guidelines as laid down by the Hon'ble 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 surrender application is decided, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.

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With the above observations and directions, this application under Section 482 Cr.P.C. is disposed off.

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Order Date :- 17.5.2023 Rahul.

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Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad

Tejveer Singh and 4 Others v. State of U.P. and Another

Case brief

What is this about?

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Tejveer Singh and 4 Others v. State of U.P. and Another

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