Dismissed

Devendra Singh v. State of U.P. and Another

Allahabad HC16 Feb 2023A482/3380/2023

Case brief

AI extract

What is this about?

The High Court dismissed the applicant's prayer to quash criminal proceedings as not pressed. However, it directed that if the applicant surrenders and applies for bail within 30 days, it shall be decided expeditiously, keeping non-bailable warrants in abeyance pending appearance.

What did the court decide?

Prayer to quash dismissed; directed to consider bail application expeditiously within 30 days of surrender; N.B.W. kept in abeyance pending appearance.

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

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 3380 of 2023

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Applicant :- Devendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Binod Kumar Tripathi 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 B.K. Tripathi, learned counsel for the applicant, 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 applicant-Devendra Singh with the prayer to quash the entire criminal proceedings arising out of Complaint Case No.39 of 2013 (Uma Devi Vs. Ravindra Singh and others) u/s 420 IPC, P.S. Aliganj, District Etah and further with the prayer to stay the further proceedings of aforesaid case against the applicant during the pendency of the present application.

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At the very outset, learned counsel for the applicant states that the purpose of the applicant would suffice if an order is passed directing the trial court to decide the bail application of the applicant, as expeditiously as possible. He further states that although the prayer has been made for quashing of the entire criminal proceedings of the case but he does not press the same. Learned counsel for the applicant further states that vide order dated 3.8.2022, non bailable warrants have been issued against the applicant.

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

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In view of the above, the prayer for quashing of entire criminal proceedings is dismissed as not pressed.

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However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicant, it is directed that if the accused-applicant surrenders before the trial court and applies for bail within 30 days from today, the same shall be considered and decided expeditiously in accordance with law.

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Till the aforesaid period, non-bailable warrants issued against the

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applicant shall be kept in abeyance.

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

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The present application is disposed of.

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(Samit Gopal, J.)

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Order Date :- 16.2.2023 Gaurav

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Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad

Devendra Singh v. State of U.P. and Another

Case brief

What is this about?

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Devendra Singh v. State of U.P. and Another

Case brief

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