Disposed

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

Allahabad HC22 Jun 2023A482/22148/2023

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. The applicant withdrew her challenge to the proceedings but sought a short stay on the Non-Bailable Warrant to surrender. The Court granted protection for four weeks, directed a stay on the NBW, and ordered expeditious disposal of the bail prayer by the Court below.

What did the court decide?

Stay on NBW for four weeks pending surrender; applicant directed to surrender before lower court; lower court to dispose bail application expeditiously.

Radha Devi Vs State of U.P. and Another — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:127944

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Court No. - 47

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Case :- APPLICATION U/S 482 No. - 22148 of 2023

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Applicant :- Radha Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,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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The instant application under Section 482 Cr.P.C. has been filed by the applicant to quash the Non Bailable Warrant dated 24.05.2023 as well as order dated 29.05.2023 to initiate proceeding under Section 82 Cr.P.C. against the applicant in Case No. 1643 of 2001 (State Vs. Radha Devi) arising out of Case Crime No. 52 of 2000, under Sections 324, 504, 506, 308 IPC, Police Station- Sarai Inayat, District- Prayagraj, pending in the Court of Additional Chief Judicial Magistrate, Court No. 9, Prayagraj.

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After arguing the matter at some length, learned counsel for the applicant gave up his challenge to the aforesaid entire proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned Court below. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction at the outset may be issued to the concerned courts below to consider and decide the bail application of the applicant expeditiously.

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Learned A.G.A. submits that in case the applicant is not pressing the relief as sought for by her on merits and wants to surrender before the concerned court below, he has no objection in granting protection to her for a short period.

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In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within four weeks from today and in case applies for bail, the bail application of the applicant shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the

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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 time of surrender of the applicant before the concerned court below, whichever is earlier, the NBW dated 24.05.2023 shall remain in abeyance.

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

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Order Date :- 22.6.2023 Shivani

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Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad

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

Case brief

What is this about?

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

Case brief

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