Partly allowed

Shekhu @ Shanku v. State of U.P. and Another

Allahabad HC25 Apr 2023A482/38247/2018

Case brief

AI extract

What is this about?

The Court disposed of a Section 482 Cr.P.C. application seeking quashing of proceedings for Section 380 IPC. The applicant withdrew from quashing and sought a direction for expedited bail decision. The Court granted a three-week moratorium on coercive action.

What did the court decide?

No coercive action to be taken for three weeks to allow time for expeditious decision on bail application.

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

¶1

Court No. - 69 Case :- APPLICATION U/S 482 No. - 38247 of 2018 Applicant :- Shekhu @ Shanku Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Pal Singh Counsel for Opposite Party :- G.A.,Suresh Pachauri Hon'ble Vipin Chandra Dixit,J.

¶2

Heard Sri Jitendra Pal Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶3

This application u/s 482 Cr.P.C. has been filed for quashing the charge-sheet dated 14.07.2017, summoning order dated 15.07.2017 as well as the entire proceeding of Case No.357/IX of 2017 (State of U.P. Vs. Shekhu @ Shanku) arising out of Case Crime No.50 of 2016, under Section 380 I.P.C., P.S. Koshikalan, District Mathura, pending in the court of Judicial Magistrate, Chhata, Mathura.

¶4

The contention of counsel for the applicants is that no offence against the applicants is disclosed and the present case has been instituted with a malafide intention for the purposes of harassment.

¶5

As per report of Mediation and Conciliation Centre, High Court Allahabad dated 25.02.2019, the mediation proceeding was completed but there is no agreement between the parties.

¶6

After arguing the case for some time, learned counsel for the applicant submits that the applicant does not want to press the prayer for quashing of entire criminal proceedings and the purpose of his client would suffice, if a direction may be given to the courts concerned to decide the bail application within specific time frame.

¶7

Considering the facts and circumstances of the case, it is provided that if the applicant surrender and apply for bail within three weeks from today, the Courts concerned may decide the bail application of the applicant expeditiously in accordance with law.

¶8

For the period of three weeks, no coercive action shall be taken against the applicant in the aforesaid case.

¶9

With the above directions, present application U/s 482 Cr.P.C. is disposed of.

¶10

Order Date :- 25.4.2023 Virendra

¶11

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

Shekhu @ Shanku v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shekhu @ Shanku v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Umesh Chandra Gupta Vs State of U.P. and 3 Others

Billu@ Balraj and Another Vs State of U.P. and Another

Smt. Shiva @ Aditi Vs State of U.P. and 2 Others

Anuj Kumar Vs State of U.P. and Another

Rohit Kumar Singh and Others Vs State of U.P.and Another

Ashwani Kumar and 4 Others Vs State of U.P. and Another