Disposed

Girdhari Lal v. State of U.P. and Another

Allahabad HC21 Aug 2023A482/27491/2023

Case brief

AI extract

What is this about?

This order disposed of an application under Section 482 CrPC. The court refused the primary prayer to quash proceedings but accepted an alternative prayer by directing immediate surrender and expediting the bail application, restricting coercive action for two weeks.

What did the court decide?

Applicant directed to surrender within two weeks; bail application to be decided expeditiously; no coercive action pending surrender.

Girdhari Lal Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:167736

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Court No. - 4

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Case :- APPLICATION U/S 482 No. - 27491 of 2023 Applicant :- Girdhari Lal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Brijesh Kumar Verma Counsel for Opposite Party :- G.A.

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Hon'ble Prakash Padia,J.

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

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The applicants have preferred the present Application under Section 482 of Code of Criminal Procedure, 1973 to quash the impugned charge sheet dated 23.4.2022, cognizance order dated 30.4.2022 as well as entire proceeding of Case No. 385 of 2022 (State vs. Girdhari Lal) arising out of Case Crime No.290 of 2021 under Section 3/7 of E.C. Act, Police Station Saraikhawja, District Jaunpur.

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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 two weeks 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 two weeks 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 :- 21.8.2023/S.K.

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Digitally signed by :- SWEETY KANOJIA High Court of Judicature at Allahabad

Girdhari Lal v. State of U.P. and Another

Case brief

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Girdhari Lal v. State of U.P. and Another

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