Dismissed

Rohtash and 3 Others v. State of U.P. and Another

Allahabad HC15 Feb 2023A482/3266/2023

Case brief

AI extract

What is this about?

High Court dismissed a petition for quashing criminal proceedings as the prayer was not pressed by counsel. The court directed that if the accused surrender and apply for bail within two weeks, the trial court must decide it expeditiously, and no coercive action shall be taken during this period.

What did the court decide?

Directing the trial court to expeditiously decide bail applications if the accused surrender within two weeks; no coercive action pending.

Rohtash and 3 Others Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 3266 of 2023

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Applicant :- Rohtash And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jalaj Kumar Tripathi,Asif Akhtar Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Jalaj Kumar Tripathi, learned counsel for the applicants, Sri B.B. Upadhyay, learned counsel for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicants- Rohtash, Mahipal, Dharmveer and Devidas with the prayer to allow this application and quash the entire proceeding as well as impugned charge-sheet dated 23.11.2021 & cognizance order dated 29.08.2022 in Case No. 1610 of 2022 (State Vs. Rohtash and others) arising out of Case Crime No. 200 of 2021, under Sections 452, 323, 504, 506 I.P.C., Police Station Shishgarh, District Bareilly pending in the court of Judicial Magistrate, Bahedi, Bareilly, District Bareilly with a further prayer that proceedings of the aforesaid case be stayed against the applicants during the pendency of the present application.

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At the very outset, learned counsel for the applicants states that the purpose of the applicants would suffice if an order is passed directing the trial court to decide the bail application of the applicants, as expeditiously as possible. He further states that although the prayer has been made for quashing of the charge sheet, cognizance order and the proceedings of the case but he does not press the same.

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Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicants.

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In view of the above, the prayer for quashing of proceedings/cognizance order/charge sheet is dismissed as not pressed.

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However, in view of the peculiar facts and circumstances of the

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case and looking to the limited prayer of learned counsel for the applicants, it is directed that if the accused-applicants surrender before the trial court and apply for bail within two weeks from today, the same shall be considered and decided expeditiously in accordance with law. Till the aforesaid period, no coercive action shall be taken against the applicants.

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It it clarified that if the accused-applicants do not appear before the court concerned by the said date, the court concerned shall proceed against them in accordance with law.

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The present application is disposed of.

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Order Date :- 15.2.2023 AS Rathore

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(Samit Gopal,J.)

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

Rohtash and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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Rohtash and 3 Others v. State of U.P. and Another

Case brief

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