Dismissed

Harendra and 5 Others v. State of U.P. and Another

Allahabad HC28 Aug 2023A482/31765/2023

Case brief

AI extract

What is this about?

Applicants filed an application under Section 482 Cr.P.C. seeking quashing of proceedings but withdrew the main plea, requesting protection to surrender. The court refused the main relief but directed protection for surrendering within three weeks, kept N.B.W in abeyance, and ordered expeditious disposal of the bail plea below, citing Satender Kumar Antil guidelines.

What did the court decide?

Direction to surrender within three weeks; non-bailable warrants kept in abeyance; bail application to be disposed expeditiously by lower courts.

Harendra and 5 Others Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:172946

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 31765 of 2023

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Applicant :- Harendra And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- A.P. Singh,Ashraf Ali Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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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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This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge sheet dated 14.07.2001, arising out of Case Crime No.487-A/01 and cognizance order dated 24.08.2022 in Criminal Case No.2667 of 2002, under Sections 147, 148, 149, 323, 504, 506, 436, 395 I.P.C., P.S. Hata, District Kushinagar, pending in the court of Civil Judge (SD)/ACJM, Kasia, Kushinagar.

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At the outset learned counsel for the applicants gave up his challenge to the aforesaid charge sheet, Non-bailable warrant and criminal proceedings against the applicant 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.

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

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However considering the aforesaid alternative prayer made by

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learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within three weeks from today and in case he 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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For the period of three weeks from today or till the time of surrender of the applicants before the concerned Court below, whichever is earlier, non-bailable warrant shall be kept in abeyance.

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

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Order Date :- 28.8.2023 Nitin Verma

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

Harendra and 5 Others v. State of U.P. and Another

Case brief

What is this about?

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Harendra and 5 Others v. State of U.P. and Another

Case brief

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