Disposed

Amarnath Bind and 7 Others v. State of U.P. and Another

Allahabad HC27 Oct 2023A482/39427/2023

Case brief

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What is this about?

Applicant's Section 482 application was dismissed on merits but an alternative prayer for expeditious bail order considered. Court directed surrender within three weeks and directed courts below to decide bail application expeditiously.

What did the court decide?

Applicants directed to surrender within three weeks. Courts below directed to decide bail application expeditiously.

Amarnath Bind and 7 Others Vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:205241

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 39427 of 2023 Applicant :- Amarnath Bind And 7 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kshitij Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed by the applicants to quash the summoning order dated 10.04.2023, in Complaint Case No.6246 of 2022, under Sections,323, 342, 504 & 506 I.P.C., P.S. Kandwa, District Chandauli, pending before the Court of Civil Judge (Junior Division)/ Judicial Magistrate, Chandauli.

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On the matter being taken up, learned counsel for the applicants have not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicants expeditiously.

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Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicants.

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Accordingly the relief as sought by the applicants through this application is refused.

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Considering the aforesaid alternative prayer of the applicants, it is directed that applicants shall surrender before the concerned Court below within three weeks from today and in case applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with law 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 three weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them.

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With the aforesaid directions, this application under Section 482 Cr.P.C. stands disposed of.

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Order Date :- 27.10.2023/SFH

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Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad

Amarnath Bind and 7 Others v. State of U.P. and Another

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Amarnath Bind and 7 Others v. State of U.P. and Another

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