Disposed

Badri @ Rakesh Sharma and 3 Others v. State of U.P. and Another

Allahabad HC20 Feb 2023A482/24000/2021

Case brief

AI extract

What is this about?

High Court in Sessions Case application under S. 482 Cr.P.C. quashing prayers given up by applicant but directed protection from arrest for four weeks or till surrender, mandating expedient bail disposal under guidelines in Satender Kumar Antil.

What did the court decide?

Protection from arrest for four weeks or till surrender; direction to surrender; bail to be disposed expeditiously.

Badri @ Rakesh Sharma and 3 Others Vs State of U.P. and… — Quashing and FIR | Allahabad HC (2023)

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Court No. - 66

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Case :- APPLICATION U/S 482 No. - 24000 of 2021

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Applicant :- Badri @ Rakesh Sharma And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Prakash Sharma,Amar Nath Singh

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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 applicants, 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 applicants to quash/stay the charge sheet dated 28.3.2020 as well as cognizance/summoning order dated 20.10.2020 and entire proceeding of F.N. 6183 of 2020 (R.N. 3794 of 2020) (State vs. Badri @ Rakesh Sharma and others) arising out of Case Crime No. 69 of 2020 under Section 506 IPC, Police Station Bhadohi, District Bhadohi, pending in the court of Chief Judicial Magistrate, Bhadohi.

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After arguing the matter at some length, learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet, cognizance order and entire proceedings against the applicants 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 at the outset may

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be issued to the concerned courts below to consider and decide the bail 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 made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within four weeks from today and in case apply for bail, the bail application of the applicants shall be disposed of expeditiously by the courts below 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 time of surrender of the applicants before the concerned court below, whichever is earlier, they shall not be arrested in the above case.

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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 :- 20.2.2023 Puspendra

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Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad

Badri @ Rakesh Sharma and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Badri @ Rakesh Sharma and 3 Others v. State of U.P. and Another

Case brief

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