Tej Bahadur Nishad and 7 Others Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

Tej Bahadur Nishad and 7 Others Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions that if the applicants surrender and apply for bail within three weeks, the Courts below may decide the bail application expeditiously in the light of the guidelines in Satender Kumar Antil vs. Central Bureau of Investigation & Anr., (2021) 10 SCC 773, and that no coercive action shall be taken against the applicants for a period of three weeks.

Issue for consideration

Whether the summoning order dated 16.02.2023 and the entire criminal proceedings in Criminal Case No.192 of 2023 ought to be quashed under Section 482 Cr.P.C., the applicants contending that no offence against them is disclosed and the case was instituted with mala fide intention for the purposes of harassment. +1 more

Ratio / Principle

If the applicants surrender and apply for bail within three weeks, the Courts below may decide the bail application of the applicants expeditiously in the light of the guidelines laid down by the Hon'ble Apex Court in Satender Kumar Antil vs. Central Bureau of Investigation & Anr., (2021) 10 SCC 773.

Key takeaways

For the period of three weeks, no coercive action shall be taken against the applicants in the aforesaid case.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Vipin Chandra Dixit, J.), Order dated 14.6.2023 — Application u/s 482 Cr.P.C. (No. 20677 of 2023) by Tej Bahadur Nishad and 7 others seeking quashing of the summoning order dated 16.02.2023 passed by the Additional Civil Judge (Junior Division)-2/ Judicial Magistrate, Jaunpur, and of the entire proceedings of Criminal Case No.192 of 2023 (State vs. Tej Bahadur and others), arising out of Case Crime No.116 of 2022, under Sections 147, 148, 427, 504, 506, 323, 308 I.P.C., P.S. Sikrara, District Jaunpur. Counsel for the applicants did not press the prayer for quashing and sought only a time-bound decision on bail. The Court directed that if the applicants surrender and apply for bail within three weeks, the Courts below may decide the bail application expeditiously in the light of the guidelines laid down by the Hon'ble Apex Court in Satender Kumar Antil vs. Central Bureau of Investigation & Anr., (2021) 10 SCC 773, and that for three weeks no coercive action shall be taken against the applicants. With these directions, the application was disposed of.

Neutral Citation No. - 2023:AHC:126703

Court No. - 65

Case :- APPLICATION U/S 482 No. - 20677 of 2023

Applicant :- Tej Bahadur Nishad And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Upadhyaya Counsel for Opposite Party :- G.A.

Hon'ble Vipin Chandra Dixit,J.

Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.

This application u/s 482 Cr.P.C. has been filed for quashing the impugned summoning order dated 16.02.2023 passed by learned Additional Civil Judge (Junior Division)-2/ Judicial Magistrate, Jaunpur as well as entire proceedings of Criminal Case No.192 of 2023 (State vs. Tej Bahadur and others), arising out of Case Crime No.116 of 2022, under Sections 147, 148, 427, 504, 506, 323, 308 I.P.C., P.S. Sikrara, District Jaunpur, pending in the court of learned Additional Civil Judge (Junior Division)-2/ Judicial Magistrate, Jaunpur.

The contention of counsel for the applicants is that no offence against the applicants is disclosed and the present case has been instituted with a malafide intention for the purposes of harassment.

After arguing the case for some time, learned counsel for the applicants submits that the applicants do not want to press the prayer for quashing of entire criminal proceedings and the purpose of his client would suffice, if a direction may be given to the courts below to decide the bail application within specific time frame.

Considering the facts and circumstances of the case, it is provided that if the applicants surrender and apply for bail within three weeks from today, the Courts below may decide the bail application of the applicants expeditiously in the light of guidelines laid down by Hon'ble Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation & Anr. reported in (2021) 10 SCC 773 .

For the period of three weeks, no coercive action shall be taken against the applicants in the aforesaid case.

With the above directions, present application U/s 482 Cr.P.C. is disposed of .

Order Date :- 14.6.2023 Jitendra

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