Disposed

Sanju @ Sanjay Soni and 3 Others v. State of U.P. and Another

Allahabad HC7 Nov 2023A482/41160/2023

Case brief

AI extract

What is this about?

In an application to quash non-bailable warrants, counsel withdrew the merits challenge seeking only protection to surrender. The court refused quashing but directed the warrants be kept in abeyance for three weeks to allow expedited bail consideration under Satender Kumar Antil guidelines.

What did the court decide?

Non-bailable warrants kept in abeyance for three weeks or until surrender; bail applications to be disposed of expeditiously.

Sanju @ Sanjay Soni and 3 Others Vs State of… — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:213237

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 41160 of 2023

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Applicant :- Sanju @ Sanjay Soni And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sagar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant to quash the non bailable warrant dated 25.05.2022 issued against the applicants and proceedings of Criminal Case No.2311 of 2012 arising out of Case Crime No.561 of 2012, under Section 323, 504, 452, 427, 324/34 I.P.C., P.S. Kotwali Katra, District Mirzapur and subsequent NBW order dated 30.06.2022, 22.09.2022, 23.12.2022, 21.10.2023, 15.05.2023, 10.07.2023, 06.10.2023.

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At the outset learned counsel for the applicants gave up his challenge to the aforesaid non-bailable warrant and criminal proceedings 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 if the Court grants protection to them for a short period.

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In view of the above, the relief as sought by the applicants in the instant application is refused.

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However 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 three

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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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For the period of three weeks from today or till the time of surrender of the applicants before the concerned Court below, whichever is earlier, non-bailable warrant shall be kept in abeyance.

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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 :- 7.11.2023 Nitin Verma

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Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad

Sanju @ Sanjay Soni and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sanju @ Sanjay Soni 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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