Disposed

Servesh Shukla and 2 Others v. State of U.P. and Another

Allahabad HC22 May 2023A482/18861/2023

Case brief

AI extract

What is this about?

The High Court, via Section 482 Cr.P.C. application, stayed coercive measures for 15 days or until a surrender application is decided, directing the High Court to file surrender before the trial court within 30 days.

What did the court decide?

Direction to file surrender application within 30 days; no coercive measures for 15 days or till surrender application decided.

Servesh Shukla and 2 Others Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:112291

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 18861 of 2023

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Applicant :- Servesh Shukla And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prabha Shanker Chaturvedi Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Prabha Shanker Chaturvedi, 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 applicants to stay the effect and operation of the N.B.W. order dated 15.07.2022 as well as dated 15.02.2023, proceedings under Section 82 Cr.P.C. and also quash the entire proceedings of Case No.339 of 2021 (State vs. Kamlesh), arising out of Case Crime No.154 of 2020, under Sections 147, 148, 323, 504, 506, 308, 34 IPC, Police Station-Jalalpur, District-Jaunpur, pending before the court of Additional Chief Judicial Magistrate-Ist Jaunpur.

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At the very 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 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 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 court below on or before 30th May, 2023. On receiving the surrender application, the court concerned shall obtain instructions

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from the public prosecutor and fix a date for appearance/surrender of the applicant and for hearing the applicants 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 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, after hearing the victim/informant and keeping in view the guidelines as laid down by the Apex Court.

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For the period of 15 days from today or till the surrender application is decided, whichever is earlier, no coercive measure shall be taken against the applicants.

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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 :- 22.5.2023 Jitendra/-

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Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad

Servesh Shukla and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Servesh Shukla and 2 Others v. State of U.P. and Another

Case brief

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What did the court decide?

What the court decided

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