Disposed

Om Prakash and Another v. State of U.P. and Another

Allahabad HC3 Nov 2023A482/25607/2023

Case brief

AI extract

What is this about?

In a Section 482 Cr.P.C. application, counsel for the applicants abandoned their challenge to impugned orders but sought protection while surrendering. The court directed the applicants to surrender within two weeks, forbade arrest during this period, and directed expedited disposal of their bail applications citing Apex Court guidelines.

What did the court decide?

Applicants granted non-arrest protection for two weeks pending surrender; bail applications directed to be disposed of expeditiously.

Om Prakash and Another Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:210917

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 25607 of 2023

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Applicant :- Om Prakash And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ratish Kumar Singh,Sandeep Kumar Chaurasiya Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the summoning order dated 01.09.2017, order dated 01.04.2023 passed by Additional Sessions Judge, Court No. 2, Bareilly in Criminal Revision No. 55 of 2021 (Om Prakash vs. State) and proceedings of Case No. 580 of 2015, under Sections 498A, 323, 504, 506 I.P.C., Police Station Awanla, District Bareilly pending in the court of Civil Judge (J.D.)/Judicial Magistrate, First, Bareilly.

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At the outset learned counsel for the applicants gave up his challenge to the aforesaid impugned summoning order, order of revision and criminal 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 may 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 wants to surrender before the concerned court below, he has no objection if the Court grants protection to them for a short period.

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In view of the above, the relief as sought by the applicants in the instant application is refused.

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However 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 two weeks from today and in case they 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 SCC Online SC 922.

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For the period of two 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 and directions, this application under Section 482 Cr.P.C. is disposed of .

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Order Date :- 3.11.2023 Saurabh

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

Om Prakash and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Om Prakash and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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