Disposed

Km. Rashmi and 4 Others v. State of U.P. and Another

Allahabad HC9 May 2023A482/21212/2017

Case brief

AI extract

What is this about?

In a Section 482 Cr.P.C. application to quash proceedings, the applicants withdrew their merit challenge and sought protection to surrender. The High Court directed the applicants to file a surrender application by May 24, 2023, releasing them from coercive measures for four weeks.

What did the court decide?

Protection granted for four weeks or until surrender application is decided; applicants directed to file surrender application by May 24, 2023.

Km. Rashmi and 4 Others Vs State of U.P. and… — Writ and Judicial Review | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:99962

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 21212 of 2017

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Applicant :- Km. Rashmi And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Mohan Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Ram Mohan, learned counsel for the applicants, Mr. K.P. Pathak, learned AGA for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge sheet dated 20.03.2017 as well as the entire proceedings of Case Crime No. 90/17, under Sections 147, 148, 149, 307, 332, 324, 336, 224, 504, 506, 34 I.P.C. and Section 7 of Criminal Law Amendment Act, P.S. Rijor, District Etah pending in the court of Additional Chief Judicial Magistrate, Court No. 17, Etah.

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Earlier the protection was granted to the applicants vide order dated 13.07.2017. During pendency of this petition, in pursuance of the order passed by the Apex Court in the case of Asian Resurfacing of Road Agency Pvt. Ltd. & Anr. Vs. Central Bureau of Investigation reported in 2020 0 Supreme (SC) 601, the concerned court below has initiated the proceedings against the applicants.

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At the very outset, learned counsel for the applicants gave up his challenge to the aforesaid prayer and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application/surrender application of the applicants expeditiously.

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Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and want to surrender before the concerned court below, he has no objection in granting protection to them for a short period.

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In view of above, considering the aforesaid alternative prayer

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made by learned counsel for the applicants, it is directed that the applicants shall file a surrender application before the concerned court below on or before 24th May, 2023. On receiving the surrender application, the court concerned shall obtain instructions from the public prosecutor and fix a date for appearance/surrender of the applicant and for hearing the applicant on surrender application.

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On the date fixed by the Court concerned, the applicant(s) will have liberty to prefer a bail application and a copy of the same be provided to the public prosecutor. In case, any such application is filed, the same shall be considered by the court below along with the surrender application, on the date fixed, in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773 .

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For the period of four weeks from today or till the surrender application is decided, whichever is earlier, no coercive measure shall be taken against the applicant.

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In case the applicant(s) does not comply with the aforesaid directions, the court below shall be free to take such measures for appearance of the applicant(s) as required under the law.

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With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 9.5.2023 Jitendra/-

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

Km. Rashmi and 4 Others v. State of U.P. and Another

Case brief

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Km. Rashmi and 4 Others v. State of U.P. and Another

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