Disposed¶13

Kamlesh Yadav and 2 Others v. State of U.P. and Another

Allahabad HC2 Nov 2023A482/31884/2023

Case brief

AI extract

What is this about?

Kamlesh Yadav v. State of U.P., 2023:AHC:210738 (Allahabad High Court, 2.11.2023, Sanjay Kumar Singh, J.) - Section 482 Cr.P.C. quashing application not pressed on merits; relief refused; protection from arrest for two weeks to enable surrender; direction for expeditious disposal of bail application in view of Satender Kumar Antil (2021 SCC Online SC 922); underlying Complaint Case No. 381 of 2021 under Section 427 I.P.C., P.S. Mauaima, District Prayagraj.

What did the court decide?

Main quashing relief refused; applicants directed to surrender within two weeks, not to be arrested for two weeks or till surrender (whichever is earlier), and any bail application to be disposed of expeditiously by the courts below in accordance with law keeping in view the Satender Kumar Antil guidelines. ¶13

Kamlesh Yadav and 2 Others Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the summoning order dated 15.02.2023 and the proceedings of Complaint Case No. 381 of 2021 (under Section 427 I.P.C.) ought to be quashed. +1 more

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Court's answer

The relief sought in the application, namely quashing of the summoning order dated 15.02.2023 and the criminal proceedings, is refused, the applicants having given up that challenge and not pressed it on merits.

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Ratio / Principle

The applicants are directed to surrender before the court below within two weeks; if they apply for bail, the bail application shall be disposed of expeditiously by the courts below in accordance with law, keeping in view the guidelines laid down by the Apex Court in Satender Kumar Antil (2021 SCC Online SC 922).

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Key takeaways

For two weeks from the date of the order or until surrender, whichever is earlier, the applicants shall not be arrested in the case.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Singh, J.) disposed of an application under Section 482 Cr.P.C. by Kamlesh Yadav and others seeking quashing of the summoning order dated 15.02.2023 and proceedings of Complaint Case No. 381 of 2021 (Mithilesh Kumari vs. Chhedilal & Others) under Section 427 I.P.C., Police Station Mauaima, District Prayagraj, pending before the Additional Chief Judicial Magistrate, Court No. 18. Counsel for the applicants gave up the challenge to the summoning order and criminal proceedings and confined the prayer to protection to enable surrender and expeditious disposal of bail. The Court refused the main relief, directed the applicants to surrender within two weeks, directed that they not be arrested for two weeks or till surrender (whichever is earlier), and directed the courts below to decide any bail application expeditiously in accordance with law keeping in view the Apex Court guidelines in Satender Kumar Antil vs. CBI, 2021 SCC Online SC 922.

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Neutral Citation No. - 2023:AHC:210738

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 31884 of 2023

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Applicant :- Kamlesh Yadav And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Mishra,Durgesh Chandra Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,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 $led by the applicants with a prayer to quash the summoning order dated 15.02.2023 and proceedings of Complaint Case No. 381 of 2021 (Mithilesh Kumari vs. Chhedilal & Others) , under Section 427 I.P.C., Police Station Mauaima, District Prayagraj pending in the court of Additional Chief Judicial Magistrate, Court No. 18, District Prayagraj.

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At the outset learned counsel for the applicants gave up his challenge to the aforesaid summoning order and criminal proceedings against the applicants and con$ned 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 wants 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 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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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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With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of .

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Order Date :- 2.11.2023 Saurabh

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

Kamlesh Yadav and 2 Others v. State of U.P. and Another

Case brief

What is this about?

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Kamlesh Yadav and 2 Others v. State of U.P. and Another

Case brief

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