Disposed

Yashvir v. State of U.P. and Another

Allahabad HC13 Oct 2023A482/32030/2023

Case brief

AI extract

What is this about?

The High Court refused to quash criminal proceedings on merit. Instead, the court directed the applicant to surrender within three weeks and obtain bail expeditiously from the trial court, prohibiting coercive action during this period.

What did the court decide?

Relief to quash was refused. Prayer for expeditious bail decision was granted; applicant directed to surrender within three weeks; coercive action barred during this period.

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

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Neutral Citation No. - 2023:AHC:198231

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 32030 of 2023 Applicant :- Yashvir Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant 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 applicant to quash the charge sheet dated 20.09.2021; cognizance/summoning order dated 03.09.2022 as well as entire proceedings of Case No.13481/9 of 2022 (State Vs. Yashvir and others) arising out of Case Crime No.540 of 2020, under Sections 420, 417, 418 I.P.C., P.S. Nai Mandi, district Muzaffarnagar, pending before the Additional Chief Judicial Magistrate, Court no. 1, Muzaffarnagar.

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On the matter being taken up, learned counsel for the applicant has 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 applicant expeditiously.

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

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

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Considering the aforesaid alternative prayer of the applicant, it is directed that applicant 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 applicant before the Court below, whichever is earlier, no coercive action shall be taken against him.

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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 :- 13.10.2023 Meenu Singh

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Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad

Yashvir v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Yashvir v. State of U.P. and Another

Case brief

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