Disposed

Saraswati Prasad Mishra v. State of U.P. and Another

Allahabad HC23 Nov 2023A482/42900/2023

Case brief

AI extract

What is this about?

The court refused the applicant's request to quash a non-bailable warrant and criminal proceedings. Upon the applicant giving up the challenge on merits and seeking protection to surrender, the court granted a three-week period for surrender while keeping the warrant in abeyance and directed the court below to decide the bail application expeditiously.

What did the court decide?

3 weeks protection to surrender; N.B.W. kept in abeyance; bail application directed to be decided expeditiously by the court below.

Saraswati Prasad Mishra Vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:222570

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 42900 of 2023

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Applicant :- Saraswati Prasad Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Gupta,Deepak 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 / proceeding 82 Cr.P.C. dated 10.10.2023 issued against the applicant and entire criminal proceedings of Case No.405 of 2022, (State versus Kapil Muni Karwariya and others), arising out of Case Crime No.90 of 2002, under Sections 420, 379, 411 I.P.C. & under Rule 3/57 of the U.P. Mines Mineral (Concession) Rule 1963, P.S. Paschim Sharira, District Kaushambi, pending in the Court of CJM Kaushambi.

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At the outset learned counsel for the applicant gave up his challenge to the aforesaid Non-bailable warrant and criminal proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The learned counsel for the applicant 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 applicant expeditiously.

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Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by him on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to him for a short period.

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

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However considering the aforesaid alternative prayer made by

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learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within three weeks from today and in case he applies for bail, the bail application of the applicant 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 applicant before the concerned Court below, whichever is earlier, non bailable warrant / proceeding 82 Cr.P.C. dated 10.10.2023 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 :- 23.11.2023 I.A.Siddiqui

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Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad

Saraswati Prasad Mishra v. State of U.P. and Another

Case brief

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Saraswati Prasad Mishra v. State of U.P. and Another

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