Disposed

Vishal Ram and 2 Others v. State of U.P. and Another

Allahabad HC8 Nov 2023A482/38131/2023

Case brief

AI extract

What is this about?

An application under Section 482 Cr.P.C. to quash a non-bailable warrant was disposed of after the applicant withdrew the main prayer but requested protection to surrender. The court granted an extension and directed expeditious bail consideration.

What did the court decide?

Non-bailable warrant kept in abeyance for two weeks or till surrender; applicant directed to surrender within two weeks.

Vishal Ram and 2 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:215686

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 38131 of 2023

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Applicant :- Vishal Ram And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hira Lal 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 Nonbailable warrant dated 11.04.2023 issued against the applicants by Additional Judicial Magistrate, Saidpur, Ghazipur in Criminal Case No. 336 of 2019 (State Versus Mukesh Ram and others) arising out of Case Crime No. 27 of 2018, under Sections 147, 323, 392, 452, 427 I.P.C., Police Station-Bhudkuda, District-Ghazipur, pending in the court of Additional Judicial Magistrate, Saidpur, Ghazipur.

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3-At the outset learned counsel for the applicants gave up his challenge to the aforesaid order of non-bailable warrant against the applicants by contending at the Bar that he is not pressing the prayer made in this application on merits and confined his submission requesting to grant some protection to the applicants to surrender before the concerned Court below.

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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 applicants in the instant application is refused.

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6-However considering the aforesaid alternative

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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, nonbailable warrant dated 11.04.2023 shall be kept in abeyance.

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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 :- 8.11.2023 Kashifa

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

Vishal Ram and 2 Others v. State of U.P. and Another

Case brief

What is this about?

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Vishal Ram and 2 Others v. State of U.P. and Another

Case brief

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