Disposed

Lallan Singh and 6 Others v. State of U.P. and Another

Allahabad HC5 Oct 2023A482/26447/2023

Case brief

AI extract

What is this about?

The High Court dismissed the request to quash proceedings under Section 482 Cr.P.C. but granted an interim direction that the applicants shall not be arrested for two weeks or until surrender, directing the lower courts to dispose of bail applications expeditiously.

What did the court decide?

Applicants granted protection from arrest for two weeks or until surrender; direction to lower courts to decide bail applications expeditiously.

Lallan Singh and 6 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:191975

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 26447 of 2023

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Applicant :- Lallan Singh And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Prasad Tiwari,Vinay Kumar Tiwari,Vineet Tiwari

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Counsel for Opposite Party :- G.A.,Hari Om Gupta,Virendra Singh

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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, learned counsel for the opposite party no.2 and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the charge sheet dated 10.5.2017, summoning order dated 05.5.2023 as well as the entire proceedings of Case No. 3416 of 2023 (State Vs. Lallan Singh ) arising out of Case Crime No. 1059/16, under Sections 147, 148, 323, 336, 308, 504, 506, 325 IPC, PS Rasra, district Ballia,pending in the Court of CJM, Ballia.

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At the outset learned counsel for the applicants gave up his challenge to the aforesaid impugned chargesheet, summoning order and impugned 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

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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. Order Date :- 5.10.2023 Ishrat

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Digitally signed by :- MOHAMMAD ISHRAT High Court of Judicature at Allahabad

Lallan Singh and 6 Others v. State of U.P. and Another

Case brief

What is this about?

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Lallan Singh and 6 Others v. State of U.P. and Another

Case brief

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