Disposed

Ashok Mehra @ Ashok Kumar Mehra and 3 Others v. State of U.P. and Another

Allahabad HC28 Nov 2023A482/34546/2023

Case brief

AI extract

What is this about?

The High Court refused the prayer to dismiss the summons and quash criminal proceedings under S. 482 Cr.P.C. The applicants surrendered their challenge on merits but were granted protection from arrest for two weeks to surrender for bail consideration.

What did the court decide?

Protection granted for a period of two weeks or till surrender; bail application to be disposed of expeditiously by the lower court.

Ashok Mehra @ Ashok Kumar Mehra and 3 Others Vs State of… — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:224220

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 34546 of 2023

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Applicant :- Ashok Mehra @ Ashok Kumar Mehra And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nitin Kumar Srivastava 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 applicants, 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 applicants to quash the summoning order dated 21.09.2022 as well as proceedings of Complaint Case No. 4283 of 2021 (Tulsi Vs. Ashok Mehra and another), under Section 406 I.P.C., Police Station Govind Nagar, District Mathura, pending in the court of Additional Civil Judge (J.D.)/Judicial Magistrate, Court No.7, Mathura.

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3-At the outset learned counsel for the applicants gave up his challenge to the aforesaid impugned summoning order as well as impugned 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 court below to consider and decide the bail application of the applicants expeditiously.

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4-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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5-In view of the above, the relief as sought by the

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applicants in the instant application is refused.

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6-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 they 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 , reported in 2021 SCC Online SC 922 .

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7-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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8-With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 28.11.2023 Kashifa

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

Ashok Mehra @ Ashok Kumar Mehra and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ashok Mehra @ Ashok Kumar Mehra and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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