Disposed

Jagdish and 2 Others v. State of U.P. and Another

Allahabad HC9 Nov 2023A482/41682/2023

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. seeking quashing of a summoning order. Merit not pressed. Directed surrender within three weeks and expedited bail hearing; coercive action stayed during this period. Disposed of.

What did the court decide?

Relief of quashing refused. Direction to surrender within three weeks and decide bail application expeditiously; coercive action stayed.

Jagdish and 2 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:216276

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 41682 of 2023 Applicant :- Jagdish And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Verma 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 14.06.2023 passed by the Civil Judge (Junior Division)/Judicial Magistrate, Jalaun as well as entire proceeding in Complaint Case No.1049 of 2021 (Kalpana Devi vs. Jagdish and others), under Sections 498A, 323, 504, 506 I.P.C.& 3/4 Dowry Prohibition Act, P.S.Jalaun, District Jalaun, pending in the court of Civil Judge (Junior Division)/Judicial Magistrate Jalaun.

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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 :- 9.11.2023 SKD

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

Jagdish and 2 Others v. State of U.P. and Another

Case brief

What is this about?

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Jagdish and 2 Others v. State of U.P. and Another

Case brief

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