Disposed

Ashok Kumar Rai v. State of U.P.and Another

Allahabad HC6 Nov 2023A482/37757/2023

Case brief

AI extract

What is this about?

The High Court observed that the applicant gave up his challenge to the chargesheet and proceedings but sought protection to surrender. The Court refused the quashing application but granted protection against arrest for two weeks until surrender and directed expedient disposal of the bail application.

What did the court decide?

Applicant granted protection from arrest for two weeks pending surrender; bail application directed to be disposed of expeditiously by the lower court.

Ashok Kumar Rai Vs State of U.P.and Another — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:212899

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 37757 of 2023

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Applicant :- Ashok Kumar Rai Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Sharad Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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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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This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the charge-sheet dated 23.01.2022, cognizance / summoning order dated 28.06.2023 and proceedings of case no. 14175 of 2023 (State vs. Ashok Kumar Rai and others) arising out of case crime no. 283 of 2021, under Sections 434, 504 and 506 I.P.C., Police Station Bhadohi, District Bhadohi pending in the court of Chief Judicial Magistrate, Bhadohi.

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At the outset learned counsel for the applicant gave up his challenge to the aforesaid impugned chargesheet, cognizance/summoning order and criminal 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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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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In view of the above, the relief as sought by the

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applicant in the instant application is refused.

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

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Order Date :- 6.11.2023 Saurabh

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

Ashok Kumar Rai v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

Ashok Kumar Rai 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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