Disposed

Shivcharan Singh and 6 Others v. State of U.P. and Another

Allahabad HC30 Oct 2023A482/31682/2023

Case brief

AI extract

What is this about?

Held that the applicants' challenge on merits to quash FIR and proceedings was refused as the challenge was dropped. However, directed that applicants surrender within two weeks and be granted arrest protection, with bail applications to be disposed of expeditively per Satender Kumar Antil guidelines.

What did the court decide?

Protection from arrest for two weeks or until surrender; direction to lower court to decide bail application expeditiously; quashment prayer refused.

Shivcharan Singh and 6 Others Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:207010

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 31682 of 2023

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Applicant :- Shivcharan Singh And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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

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2-This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet No. 134 of 2022 dated 15.05.2022, cognizance order dated 06.05.2023 and to stay further proceedings of Case No. 18945 of 2023 (State Vs. Devendra Singh and others) arising out of Case Crime No. 609 of 2021, under Sections 498-A, 323, 406, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police StationSadar Bazar, District-Agra, pending in the court of Chief Judicial Magistrate, Agra, District-Agra.

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3-At the outset learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet, cognizance order and impugned 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 court below to consider and decide the bail application of the applicants expeditiously.

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4-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 want to surrender before the concerned court below, he has no objection if the Court grants protection to them for a short period.

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

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6-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 .

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7-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.

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

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Order Date :- 30.10.2023 Kashifa

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Digitally signed by :- KASHIFA High Court of Judicature at Allahabad

Shivcharan Singh and 6 Others v. State of U.P. and Another

Case brief

What is this about?

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Shivcharan Singh and 6 Others v. State of U.P. and Another

Case brief

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What did the court decide?

What the court decided

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