Disposed

Vinit v. State of U.P. and Another

Allahabad HC25 Sept 2023A482/34310/2023

Case brief

AI extract

What is this about?

Applicant withdrew challenge to charge-sheet and cognizance seeking protection to surrender and expeditious bail disposal. Court denied relief under S. 482 Cr.P.C. but directed surrender within two weeks and immediate bail consideration.

What did the court decide?

Relief refused; however, applicant directed to surrender in two weeks with assurance of no arrest and directive to lower court for expeditious bail disposal.

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

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Neutral Citation No. - 2023:AHC:185510

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 34310 of 2023

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Applicant :- Vinit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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1-Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

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2-This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge-sheet dated 01.09.2020, cognizance order dated 25.02.2021 passed by Judicial Magistrate, Shamli and proceedings of Case No. 1732/IX of 2021 (State Vs. Pradeep pandey and others) arising out of Case Crime No. 356 of 2019, under Sections 452, 323, 506, 376D I.P.C., Police Station-Kandhla, DistrictShamli, pending in the court of Civil Judge (Junior Division)/F.T.C., Shamli.

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3-Brief facts of the case are that opposite party no.2 lodged F.I.R. on 16.09.2019 against the applicant and three others in which after culmination of investigation, charge sheet was submitted on 01.09.2020 against the applicant and others, on which Magistrate concerned took cognizance and the applicant has been summoned on 25.02.2021 and on account of non-presence of the applicant, Nonbailable Warrant has been issued against him on 08.10.2021. Thereafter, the instant application under Section 482 Cr.P.C. has been moved in September 2023.

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4-Learned counsel for the applicant after advancing his arguments at some length and putting certain query by the Court with regard to delay in filing the instant application under Section 482 Cr.P.C., gave up his challenge to the aforesaid impugned chargesheet, cognizance order and impugned criminal

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proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The learned counsel for the applicant 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 applicant expeditiously.

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5-Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by him on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to him for a short period.

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6-In view of the above, the relief as sought by the applicant in the instant application is refused.

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7-However considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within two weeks from today and in case applies for bail, the bail application of the applicant 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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8-For the period of two weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, he shall not be arrested in the above case.

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9-With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 25.9.2023 Kashifa

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Digitally signed by :- KASHIFA High Court of Judicature at Allahabad

Vinit v. State of U.P. and Another

Case brief

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Vinit v. State of U.P. and Another

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