Disposed

Shyam Ji Sharma and 3 Others v. State of U.P. and Another

Allahabad HC30 May 2023A482/20331/2023

Case brief

AI extract

What is this about?

The court disposed of an application under Section 482 Cr.P.C. seeking quashing of proceedings. The applicants voluntarily withdrew the quashing prayer, opting to surrender and seek bail instead. The court stayed coercive action for two weeks if they surrender.

What did the court decide?

No coercive action against applicants for two weeks if they surrender to seek bail; N.B.W. kept in abeyance.

Shyam Ji Sharma and 3 Others Vs State of… — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:120557

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 20331 of 2023 Applicant :- Shyam Ji Sharma And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Dwivedi 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 Akhilesh Kumar Dwivedi, learned counsel for the applicants, Sri S.B. Maurya, learned State counsel and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicants- Shyam Ji Sharma, Manoj Kumar, Gaurav Rajpoot and Shivam Gupta with the prayer to allow this application and quash the entire proceeding as well as impugned charge-sheet dated 25.12.2014 & cognizance order dated 30.04.2016 & Non-Bailable Warrant dated 21.03.2023 in Case No. 1098 of 2016 (State Vs. Raju Shukla and others) arising out of Case Crime No. 3715 of 2014 under Sections 147, 148, 149, 332, 353, 436, 341, 188 I.P.C., Police Station Kotwali Orai, District Jalaun at Orai pending in the Court of Chief Judicial Magistrate, Jalaun at Orai with a further prayer that proceedings of the aforesaid case be stayed against the applicants during the pendency of the present application.

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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 .

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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 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 Antil (supra). Till the aforesaid period, no coercive action shall be taken against the applicants. For a period of two weeks N.B.W. dated 21.03.2023 issued against the applicants 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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Order Date :- 30.5.2023/AS Rathore

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(Samit Gopal,J.)

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Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

Shyam Ji Sharma and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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Shyam Ji Sharma and 3 Others v. State of U.P. and Another

Case brief

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