Dismissed

Rama Nand Bind and 3 Others v. State of U.P. and Another

Allahabad HC2 Jun 2023A482/19967/2023

Case brief

AI extract

What is this about?

The Single Judge disposed of an application under Section 482 Cr.P.C. for quashing proceedings. Upon the applicant's counsel stating that prayers were withdrawn and the applicants were ready to surrender for bail, the court dispensed with the hearing of the quashing application. The non-bailable warrants were kept in abeyance for two weeks to allow for bail consideration.

What did the court decide?

The application under Section 482 Cr.P.C. is disposed of after withdrawal of prayers; non-bailable warrants kept in abeyance for two weeks.

Rama Nand Bind and 3 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:123512

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Court No. - 82

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Case :- APPLICATION U/S 482 No. - 19967 of 2023

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Applicant :- Rama Nand Bind And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Subhas 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 Subhas Kumar learned counsel for the applicants, Sri Ram Narayan 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 Rama Nand Bind, Ram Kumar, Chandra Shekhar, Ram Kripal Bind with the prayer to quash the entire proceedings of Complaint Case No. 10392 of 2022, u/s 323, 504, 506, 427, 392 I.P.C. (Jagar Nath v. Rama Nand Bind and others) and summoning order dated 17.11.2022 as well as Non Bailable Warrant dated 9.5.2023 issued by the Additional Civil Judge (Jr. Division-I, Judicial Magistrate Bhadohi, Gyanpur and with the further prayer to stay the further proceedings of said case as well as summoning order and non bailable warrant.

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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 concerned 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 . It is argued that non-bailable warrants have been issued vide order dated 9.5.2023 passed by the trial court.

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

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

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Antil (supra). Till the aforesaid period, the non-bailable warrants shall be kept in abeyance.

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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 :- 2.6.2023 Naresh

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

Rama Nand Bind and 3 Others v. State of U.P. and Another

Case brief

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Rama Nand Bind and 3 Others v. State of U.P. and Another

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