Dismissed

Shiv Kumar and 3 Others v. State of U.P. and 3 Others

Allahabad HC8 Nov 2023A482/41390/2023

Case brief

AI extract

What is this about?

The state high court refused relief under Section 482 Cr.P.C. quashing a summons order but directed the applicants to surrender within three weeks, ensuring bail is expeditiously decided without coercive action during that period.

What did the court decide?

Directions to surrender within three weeks; bail to be decided expeditiously; no coercive action until surrender.

Shiv Kumar and 3 Others Vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:215040

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 41390 of 2023 Applicant :- Shiv Kumar And 3 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vishnu Kumar Patil 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 07.04.2023 passed by the Additional Sessions Judge/Special Judge, POCSO Act, Court No.3, Firozabad in Complaint Case No.723 of 2022 (Smt.Raj Kumar vs. Shiv Kumar and others), under Sections 354, 452, 323, 504 I.P.C. & Section 7/8 POCSO Act, P.S.Fariha, District Firozabad, pending in the court of Additional Sessions Judge/Special Judge, POCSO Act, Court No.3, Firozabad.

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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 :- 8.11.2023

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SKD

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Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Shiv Kumar and 3 Others v. State of U.P. and 3 Others

Case brief

What is this about?

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Shiv Kumar and 3 Others v. State of U.P. and 3 Others

Case brief

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What did the court decide?

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