Allowed

Shiv Kumar and 8 Others v. State of U.P. and Another

Allahabad HC24 May 2023A482/19585/2023

Case brief

AI extract

What is this about?

On the advice of the applicant's counsel, the quashing of proceedings under Section 482 Cr.P.C. was not pressed. The Court allowed the applicants to surrender and consider bail pursuant to law laid down in Satender Kumar Antil. No coercive action is to be taken if they surrender within two weeks.

What did the court decide?

Applicants permitted to surrender and seek bail within two weeks; no coercive action pending.

Shiv Kumar and 8 Others Vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:115786

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 19585 of 2023

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Applicant :- Shiv Kumar And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Prakash Yadav,Brijesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Prem Prakash, learned counsel for the applicants, Sri Ankit Srivastava, 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 Shiv Kumar, Ankit Kumar, Rajesh, Ravindra, Rajnish, Kapil, Sonu and Chander with the prayer to quash the cognizance/summoning order dated 11.1.2023, charge sheet dated 5.9.2022 and entire proceedings of Criminal Case No. 36 of 2023 (State Vs. Shiv Kumar and others) in case crime no.153 of 2022, u/s 147, 323, 504, 506, 427, 452, 354Ka, 354Kha IPC, P.S. Jewar, District Gautam Buddha Nagar pending in the court of Judicial Magistrate/, Jewar, Gautam Buddha Nagar and and further to stay the further proceedings of the aforesaid case during the pendency of this application before this Hon'ble Court.

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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 other prayers made in the instant application and states that the applicants are ready to surrender before the court below 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 .

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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 application.

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In view of the above, in case the applicants appear/ surrender

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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) .

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Till the aforesaid period, no coercive action shall be taken against the applicants in the aforesaid case.

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It is clarified that if the accused-applicants do not appear before the court concerned by the said date, the court concerned shall proceed against them in accordance with law.

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

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(Samit Gopal, J.)

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Order Date :- 24.5.2023 Gaurav

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Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad

Shiv Kumar and 8 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shiv Kumar and 8 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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