Disposed

Ramesh Chandra and Another v. State of U.P. and Another

Allahabad HC16 Feb 2023A482/4275/2023

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. application, citing Satender Kumar Antil, the court granted protection from arrest for the applicants for six weeks or until surrender, directing expedient disposal of their bail application below.

What did the court decide?

Protection from arrest granted for six weeks or until surrender; direction for expedient bail disposal by lower court.

Ramesh Chandra and Another Vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2023)

¶1

Court No. - 52

¶2

Case :- APPLICATION U/S 482 No. - 4275 of 2023

¶3

Applicant :- Ramesh Chandra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satya Pal Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Shiv Shanker Prasad,J.

¶5

Heard Mr. Satya Pal Singh, learned counsel for the applicants and the learned counsel for the State and perused the record.

¶6

This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 31st January, 2016, cognizance taking order dated 1st February, 2016 as well as the proceedings of Criminal Case No. 17 of 2016 (State Vs. Ganga Prasad & Others), arising out of Case Crime No. 31 of 2015, under Sections 420,323, 504 and 506 I.P.C. Police Station-Ramghat, District-Bulandshahr, in the Court of Civil Judge (Junior Division)/ Judicial Magistrate, Bulandshahr.

¶7

At the very outset learned counsel for the applicants gave up his challenge to the aforesaid impugned chargesheet, cognizance order and entire 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.

¶8

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 in granting protection to them for a short period.

¶9

In view of above, 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 six 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

¶10

of Satender Kumar Antil vs. Central Bureau of Investigation and Another , reported in (2021) 10 SCC 773 .

¶11

For the period of six weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, they shall not be arrested in the above case.

¶12

With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

¶13

Order Date :- 16.2.2023 Sushil/-

¶14

Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad

Ramesh Chandra and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ramesh Chandra and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Smt. Mithilesh Devi @ Lakkho Devi Vs State of U.P. and 6 Others

Ram Murti Vs State of U.P. and Another

Ravindra Singh Rana Vs State of U.P. and Another

Sachin Diwakar Vs State of U.P. and Another

Maya Devi Vs State of U.P. and Another

Dilip Kumar Khare Vs State of U.P. and Another