The High Court dismissed a Section 482 Cr.P.C. application seeking to quash proceedings. Instead of deciding on quashing, the court directed the trial court to dispose of an application for surrender if made within 15 days.
Direction to trial court to dispose of surrender application if applicants appear within 15 days.
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Court No. - 71
Case :- APPLICATION U/S 482 No. - 40649 of 2022
Applicant :- Nempal Singh And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rahul Rathi Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicants and learned A.G.A. for the State-respondent and perused the record.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the entire proceedings along with charge sheet dated 5.11.2021 and cognizance order dated 7.7.2022 passed by ADJ/Special Judge, SC/ST Act, Hapur in case no. 745 of 2022, Case crime no. 387 of 2021, under sections 452, 323, 504, 506 I.P.C. and section 3(2)(v) A SC/ST Act, police station Dhaulana District Hapur.
In the Court, learned counsel for the applicants only argued that some relaxation may be given to the applicants as they want to surrender before the trial court.
The application is, therefore, disposed of with the direction to the trial court that if the applicants appear before the trial court within 15 days from today and move an application before the trial court, the same shall be disposed of as soon as possible in view of the law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 and Brahm Singh and others Vs. State of U.P. and others, 2016 (95) ACC 950.
Order Date :- 6.1.2023 Gss
Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to an adjournment to approach the trial court for surrender.
Whether the High Court should dispose of the Section 482 Cr.P.C. application regarding surrender.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherReferred¶8
Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 · Who else cites this
Brahm Singh and others Vs. State of U.P. and othersReferred¶8
Brahm Singh and others Vs. State of U.P. and others, 2016 (95) ACC 950
Nempal Singh And 2 Others
State Of U.P. And Another
Sadhna Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
