Partly allowed

Rani and 4 Others v. State of U.P. and Another

Allahabad HC8 Aug 2023A482/28806/2023

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking quashing of proceedings, the Court refused the impugned prayer. However, directing the applicant to surrender within two weeks, the Court directed the lower court to decide the pending bail application expeditiously citing Satender Kumar Antil.

What did the court decide?

Refused prayer for quashing; directed applicant to surrender within two weeks and lower court to decide bail application expeditiously.

Rani and 4 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:159993

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Court No. - 4

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Case :- APPLICATION U/S 482 No. - 28806 of 2023 Applicant :- Rani And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Kumar Singh,Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Prakash Padia,J.

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Heard learned counsel for the applicants 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 summoning order dated 12.7.2018 as well as entire proceeding of Complaint Case No. 15366 of 2016 (Mo. Farukh vs. Washim Ahmad and others) under Sections 304-B, 498-A, 316 IPC Police StationJaitpura, District Varanasi.

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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 :- 8.8.2023/S.K.

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

Rani and 4 Others v. State of U.P. and Another

Case brief

What is this about?

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Rani and 4 Others v. State of U.P. and Another

Case brief

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What did the court decide?

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