Disposed

Jitendra Singh and 2 Others v. State of U.P. and 2 Others

Allahabad HC9 May 2023A482/34802/2022

Case brief

AI extract

What is this about?

Applicants sought protection for surrender in a dowry harassment case. Court granted a one-week window to file surrender application, stayed coercive action for 15 days, and directed joint hearing with bail application.

What did the court decide?

A week to file surrender application; no coercive action for 15 days; liberty to file bail application and joint hearing.

Jitendra Singh and 2 Others Vs State of U.P. and 2 Others — Allahabad HC (2023) — LawSathi Research

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Neutral Citation No. - 2023:AHC:99499

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 34802 of 2022

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Applicant :- Jitendra Singh And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Vijay Bahadur Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard learned counsel for the applicants, Sri Amit Singh Chauhan, learned AGA-I 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 challenging the proceedings of Case No. 2513 of 2022, 'State v. Jitendra Singh and others', arising out of charge sheet dated 26.12.2021 in Case Crime No. 377 of 2021, under Sections 498A, 323, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Jawan, District Aligarh, pending in the court of Additional Chief Judicial Magistrate-I, Aligarh.

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Earlier by order dated 16.01.2023, the matter was referred to Mediation Centre. The report of mediation centre reveals that the applicants have not deposited the draft as directed by this Court in the said order.

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Learned counsel for the applicants gave up his challenge to the prayer as sought for by means of application filed under Section 482 Cr.P.C., and confined his submissions, requesting to grant some protection to the applicants to surrender before the concerned court below. He further submits 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/surrender 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 do not press the relief as sought for by them on merits and want to surrender before the concerned court below, State has no objection in granting protection to them for

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a short period.

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In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall file a surrender application within a week i.e. on or before 17.05.2023. On receiving the surrender application, the court concerned shall obtain instructions from the Public Prosecutor and fix a date for appearance/surrender of the applicants and for hearing the applicants on surrender application.

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On the date fixed by the court concerned, the applicants will have liberty to prefer a bail application and a copy of the same be provided to the Public Prosecutor. In case, any such bail application is filed, the same shall be considered by the court below along with the surrender application, on the date fixed, 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) 10 SCC 773 .

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For the period of 15 days from today or till the surrender application is decided, whichever is earlier, no coercive action shall be taken against the applicants.

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In case the applicants do not comply with the aforesaid directions, the court below shall be free to take such measures for appearance of the applicants as required under the law.

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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 :- 9.5.2023 DS

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

Jitendra Singh and 2 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Jitendra Singh and 2 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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