Disposed

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

Allahabad HC28 Nov 2023A482/31609/2023

Case brief

AI extract

What is this about?

The High Court disposed of Section 482 Cr.P.C. application where the applicant withdrew the merger plea but sought arrest protection. The Court refused the Section 482 relief but directed the applicant to surrender and provided two weeks of non-arrest protection pending bail disposal.

What did the court decide?

Protection from arrest granted for two weeks or until surrender; direction to surrender within two weeks and to have bail disposed of expeditiously.

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

¶1

Neutral Citation No. - 2023:AHC:223934

¶2

Court No. - 88

¶3

Case :- APPLICATION U/S 482 No. - 31609 of 2023

¶4

Applicant :- Pooran And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Malviya,Rishi Kesh Malviya,Yogesh Mishra

¶5

Counsel for Opposite Party :- G.A.

¶6

Hon'ble Sanjay Kumar Singh,J.

¶7

Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

¶8

This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the summoning order dated 16.01.2023 and proceedings of complaint case no. 2771 of 2020 (Tarawati @ Tara Devi vs. Pooran and others) , under Sections 354, 323 I.P.C., Police Station Hathras Gate, District Hathras pending in the court of Civil Judge (Junior Division)/F.T.C.-Ist, Hathras.

¶9

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

¶10

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 short period.

¶11

In view of the above, the relief as sought by the applicants in the instant application is refused.

¶12

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.

¶13

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.

¶14

With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

¶15

Order Date :- 28.11.2023 Saurabh

¶16

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

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Naresh and 3 Others Vs State of U.P. and Another

Abu Talib and 3 Others Vs State of U.P. and Another

Sayyad Badruddin Bukhari and 3 Others Vs State of U.P. and Another

Awdhesh Kumar@ Chhotey Kamal Vs State of U.P. and Another

Himanshu Goyal and 4 Othrs Vs State of U.P. and 2 Others

Ashok Mehra @ Ashok Kumar Mehra and 3 Others Vs State of U.P. and Another