Disposed

Kailash and Another v. State of U.P. and Another

Allahabad HC6 Oct 2023A482/31131/2023

Case brief

AI extract

What is this about?

The applicant filed an application under Section 482 Cr.P.C. to quash proceedings. Not pressing the quashing prayer, they sought a direction for expedited bail decision. The High Court refused the quashing prayer but directed the applicants to surrender within three weeks and ordered the lower court to decide the bail application expeditiously.

What did the court decide?

Direction to surrender within three weeks and for expeditious decision of bail; no coercive action during this period.

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

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Neutral Citation No. - 2023:AHC:192595

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 31131 of 2023

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Applicant :- Kailash And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raju Kanaujia Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard Sri Amlesh Kumar Yadav, Advocate holding brief of Sri Raju Kanaujia, learned counsel for the applicants 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 applicants to quash the charge sheet no. 35 of 2023, dated 07.03.2023, cognizance/summoning order dated 21.06.2023 passed by the Judicial Magistrate, Kannauj as well as the entire criminal proceeding of Criminal Case No. 2905 of 2023, arising out of Case Crime No. 41 of 2023, under Sections 354Kha, 323, 504, 506, 452 IPC, Police Station- Indargarh, District- Kannauj pending in the court of learned Judicial Magistrate, Kannauj.

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On the matter being taken up, learned counsel for the applicants have 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 applicants expeditiously.

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

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

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Considering the aforesaid alternative prayer of the applicants, it is directed that applicants shall surrender before the concerned Court below within three 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 three weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them.

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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 :- 6.10.2023 Aditya

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Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad

Kailash and Another v. State of U.P. and Another

Case brief

What is this about?

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Kailash and Another v. State of U.P. and Another

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