Dismissed

Maiku Lal @ Bhagwandas and 2 Others v. State of U.P. and Another

Allahabad HC1 Jun 2023A482/20906/2023

Case brief

AI extract

What is this about?

This court dismissed an application under Section 482 CrPC seeking quashment of proceedings. However, on an ex-parte request, it directed that no arrest warrant be issued for 30 days, provided the applicants surrender before the trial court and apply for bail pursuant to Satendra Kumar Antil. Failure to surrender may lead to coercive action.

What did the court decide?

Application for quashment dismissed; interim stay of arrest granted for 30 days contingent upon surrender and regular bail application.

Maiku Lal @ Bhagwandas and 2 Others Vs State of U.P. and… — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:123869

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 20906 of 2023

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Applicant :- Maiku Lal @ Bhagwandas And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vipin Gangwar Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the appellant and learned AGA for the State.

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The instant application under Section 482 has been has been filed by the applicants with the prayer to quash the entire proceeding of the impugned summoning/cognizance order dated 23.03.2023 passed by Judicial Magistrate 1st Aonla, District Bareilly, on chargesheet dated 12.11.2022 registered as case no. 280 of 2023 arising out of Case Crime No. 341 of 2022, under Sections 452, 323, 506, 325 I.P.C. , Police Station - Aonla, District - Bareilly,

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After hearing learned counsel for the parties, this Court finds that it is not a fit case for quashing the entire proceedings in the aforesaid case.

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4. This application is dismissed.

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However, on the request of learned counsel for the applicants, it is directed that in case appellant appears and surrenders before the court below within 30 days from today and applying for regular bail, his bail application shall be considered as per judgement and order of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, judgement dated 11.7.2022.

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For a period of 30 days, the applicants shall not be arrested in the aforesaid case, if not already arrested.

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However, in case, the appellants do not appears before the court below within the aforesaid period, coercive action shall be taken against him.

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It is made clear that the applicants will not be granted any further time by this Court for surrendering before the court below as directed above.

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Order Date :- 1.6.2023 Abhishek

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Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad

Maiku Lal @ Bhagwandas and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Maiku Lal @ Bhagwandas and 2 Others v. State of U.P. and Another

Case brief

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