Disposed

Manoj Kumar Patel and 6 Others v. State of U.P. and Another

Allahabad HC9 Nov 2023A482/33662/2023

Case brief

AI extract

What is this about?

The High Court refused the applicants' prayers to quash proceedings under Section 482 Cr.P.C. as they were not pressed on merits. However, granting alternative protection, the Court directed non-arrest for two weeks and ordered the trial court to decide the bail application expeditiously following Satender Kumar Antil guidelines.

What did the court decide?

Direction to grant non-arrest protection for two weeks and order expeditious disposal of bail application by the trial court.

Manoj Kumar Patel and 6 Others Vs State of… — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:216334

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 33662 of 2023

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Applicant :- Manoj Kumar Patel And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A.,Pushpendra Kumar Yadav

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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 filed by the applicants to quash the summoning order dated 14.02.2022 and proceedings of Criminal Case No. 2094 of 2022 (State Vs. Manoj Kumar Patel and others) arising out of Case Crime No. 291 of 2021, under Sections 498A, 323, 504, 506, 354B, 427 IPC and Section 3/4 Dowry Prohibition Act, Police Station Mughalsarai, District Chandauli pending in the court of Civil Judge (J.D.)/F.T.C.-I, Chandauli.

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At the outset, learned counsel for the applicants gave up his challenge to the aforesaid impugned summoning order and 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 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 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 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, 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 :- 9.11.2023 Shubham

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

Manoj Kumar Patel and 6 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Manoj Kumar Patel and 6 Others v. State of U.P. and Another

Case brief

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