Disposed

Sanjay and 3 Others v. State of U.P and Another

Allahabad HC3 Mar 2023A482/39802/2022

Case brief

AI extract

What is this about?

A single judge dismissed a Section 482 Cr.P.C. application after counsel for the applicants abandoned the quashing prayer and requested protection to surrender. The court directed the respondents to consider bail applications expeditiously and granted non-arrest for six weeks.

What did the court decide?

Direction that applicants not be arrested for six weeks; lower courts to dispose of bail applications expeditiously.

Sanjay and 3 Others Vs State of U.P and Another — Bail and Remand | Allahabad HC (2023)

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Court No. - 52

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Case :- APPLICATION U/S 482 No. - 39802 of 2022

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Applicant :- Sanjay And 3 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Radhey Shyam Yadav Counsel for Opposite Party :- G.A.,Manish Kumar Kashyap,V.P. Singh Kashyap

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the applicants, learned A.G.A. 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 to quash the summoning order/ bailable warrant dated 18.11.2022, cognizance order dated 30.07.2020 passed by Chief Judicial Magistrate, Kasganj of Charge-sheet No. 42 of 2020 dated 19.02.2020 registered as Criminal Case No. 1000 of 2020 (State Vs. Sanjay and others), arising out of Case Crime No. 385 of 2019, under Sections 498-A, 323, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Patiyali, District Kasganj, pending in the court of Chief Judicial Magistrate, Kasganj.

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At the very outset learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet, cognizance, summoning order and entire proceedings of criminal case against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The learned counsel for the applicants 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 applicants expeditiously.

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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 in granting protection to them for 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 surrender before the concerned court below within six weeks from today and in case 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

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Satender Kumar Antil vs. Central Bureau of Investigation and Another, reported in (2021) 10 SCC 773 .

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For the period of six weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, they 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 :- 3.3.2023 Abhishek Singh

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

Sanjay and 3 Others v. State of U.P and Another

Case brief

What is this about?

What did the court decide?

Sanjay and 3 Others 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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