Disposed

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

Allahabad HC20 Nov 2023A482/42299/2023

Case brief

AI extract

What is this about?

Held an application under Section 482 Cr.P.C. where the primary relief to quash the charge sheet was not pressed on merit. The court directed the applicants to surrender within three weeks and ensured expedient disposal of their pending bail application in accordance with Supreme Court guidelines.

What did the court decide?

Relief to quash refused on merit; alternative prayer of expedited bail directions granted; directive to surrender within three weeks issued.

Ashish and 2 Others Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 42299 of 2023

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Applicant :- Ashish And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Pandey,Rajnish Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Vakalatnama filed by Sri Atul Kumar Singh, Advocate, on behalf of the opposite party no.2 is taken on record.

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Heard learned counsel for the applicants, Sri Atul Kumar Singh, learned counsel for the opposite party no.2 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 impugned charge-sheet No.512 of 2022 dated 24.10.2022, cognizance/summoning order dated 19.04.2023 passed by the Additional Chief Judicial Magistrate, Ist, Aligarh in Case No.2032 of 2023 arising out of Case Crime No.562 of 2022, under Sections 323, 354, 452, 504, 354 (Kha), 506 I.P.C., P.S. Gandhi Park, District Aligarh, pending in the court of Additional Chief Judicial Magistrate Ist, Aligarh.

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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

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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 :- 20.11.2023 SKD

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

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

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

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