Disposed

Parmila Devi v. State of U.P. and Another

Allahabad HC7 Jun 2023A482/21462/2023

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. filed for quashing a charge sheet and cognizance order. The Court substituted a direction for the applicant to surrender and apply for bail within three weeks to ensure expeditious disposal of the bail application as per Supreme Court guidelines, along with a stay on coercive action.

What did the court decide?

Direction to applicant to surrender and apply for bail within three weeks; stay on coercive action; expeditious disposal of bail application.

Parmila Devi Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:125257

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 21462 of 2023

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Applicant :- Parmila Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raghawendra Singh,Dinesh Kumar Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Chandra Dixit,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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This application u/s 482 Cr.P.C. has been filed for quashing the charge-sheet no.202 of 2022 dated 03.11.2022 as well as the cognizance order dated 17.3.2023 in Case Crime No.131 of 2022 (Case No.2776 of 2023 "State Vs. Parmila Devi), under Sections 323, 504, 506, 308 I.P.C., P.S. Narhi, District Ballia pending in the court of Chief Judicial Magistrate, Ballia.

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

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After arguing the case for some time, learned counsel for the applicant submits that the applicant does not want to press the prayer for quashing of charge-sheet or cognizance order 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.

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Considering the facts and circumstances of the case, it is provided that if the applicant surrenders and applies for bail within three weeks from today, the Courts below may decide the bail application of the applicant 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 .

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

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

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Order Date :- 7.6.2023 Kpy

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Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad

Parmila Devi v. State of U.P. and Another

Case brief

What is this about?

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Parmila Devi v. State of U.P. and Another

Case brief

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What did the court decide?

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