Disposed

Shiva @ Shivendra Singh v. State of U.P. and Another

Allahabad HC11 Oct 2023A482/26794/2023

Case brief

AI extract

What is this about?

The Allahabad High Court disposed of an application under Section 482 Cr.P.C. filed to quash proceedings and seek expedited bail decision. Since the applicant did not press the quashing petition on merit, the prayer to quash was refused but protection with bail application directions was granted.

What did the court decide?

The prayer to decide bail expeditiously is refused; instead, applicant directed to surrender within a month and bail to be decided expeditiously.

Shiva @ Shivendra Singh Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

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Neutral Citation No. - 2023:AHC:195730

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 26794 of 2023

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Applicant :- Shiva @ Shivendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mithilesh Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge sheet dated 28.08.2022, cognizable order dated 05.04.2023 as well as entire proceedings of Criminal Case No.10496 of 2023, arising out of Case Crime No.421 of 2022, under Sections, 323, 504, 506, 354 I.P.C., P.S. Ramgarh, District Firozabad, pending in the Court of JM, Firozabad.

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On the matter being taken up, learned counsel for the applicant has not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicant expeditiously.

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Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicant.

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Accordingly the relief as sought by the applicant through this application is refused.

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Considering the aforesaid alternative prayer of the applicant, it is directed that applicant shall surrender before the concerned Court below within a month from today and in case applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with law 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 a week from today or till the time of surrender of the applicant before the Court below, whichever is earlier, no coercive action shall be taken against him.

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With the aforesaid directions, this application under Section 482 Cr.P.C. stands disposed of.

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Order Date :- 11.10.2023 Nitin Verma

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

Shiva @ Shivendra Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shiva @ Shivendra Singh v. State of U.P. and Another

Case brief

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What did the court decide?

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