Disposed

Shiva Nand Pandey Alias Katari and Another v. State of U.P. and Another

Allahabad HC24 May 2023A482/19344/2023

Case brief

AI extract

What is this about?

The High Court disposed of a Section 482 Cr.P.C. application withdrawn by the applicants and directed them to surrender within two weeks for bail considerations while staying coercive actions and non-bailable warrants. The court cited Satender Kumar Antil.

What did the court decide?

Surrender within two weeks to seek bail; coercive action and non-bailable warrants stayed during that period.

Shiva Nand Pandey Alias Katari and Another Vs State… — Service and Employment | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:115804

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 19344 of 2023

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Applicant :- Shiva Nand Pandey Alias Katari And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Janardan Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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1. List revised.

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Heard Sri Janardan, learned counsel for the applicants, Sri B.B. Upadhyay, learned counsel 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 Shiva Nand Pandey Alias Katari and Lakshman Pandey with the prayer to allow this application and stayed in the proceeding paragraph, it is expedient and necessary in the interest of justice that this Hon'ble Court may kindly be please to quash the entire proceeding of the Criminal Case No. 13283 of 2021 in Case Crime No. 0075 of 2021, under Sections 308, 323, 506 IPC, P.S. Salempur, District Deoria and with a further prayer to stay the further proceedings of the aforesaid case, during the pendency of the present application, as well as stay the summoning order dated 01.10.2021 as well as stay the effect and operation of charge sheet dated 27.06.2021 in the aforesaid case.

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After some arguments, learned counsel for the applicants has made a statement at the Bar, on instructions, that he does not want to press prayers made in the instant application and states that the applicants are ready to surrender before the trial court and seek their bail and that their release be considered in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another : (2021) 10 SCC 773 . Learned counsel for the applicants further states while placing the order sheet of the trial court which is annexure 6 to the affidavit that vide order dated 12.04.2023 non bailable warrants have been issued against the applicants.

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Per contra, learned counsel for the State states that he has no objection to the aforesaid prayer made by learned counsel for the applicants for not pressing the other prayers made in the instant

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application.

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In view of the above, in case the applicants appear/surrender before the trial court within two weeks from today and seek bail, their release be considered in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil (supra) . Till the aforesaid period, no coercive action shall be taken against the applicants. Further, it is directed that non bailable warrants as issued against the applicants by the court concerned vide order dated 12.04.2023 shall be kept in abeyance till said period.

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With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed off.

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Order Date :- 24.5.2023 M. ARIF

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(Samit Gopal, J.)

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Shiva Nand Pandey Alias Katari and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shiva Nand Pandey Alias Katari and Another 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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