Disposed

Rajveer Singh v. State of U.P. and Another

Allahabad HC1 Mar 2023A482/42901/2022

Case brief

AI extract

What is this about?

An applicant under Section 482 Cr.P.C. withdrew his challenge to quash proceedings but sought protection to surrender. The court directed submission of a surrender application within 21 days and imposed a 21-day moratorium on coercive action, referencing guidelines from Satender Kumar Antil.

What did the court decide?

Direction to file surrender application within 21 days; moratorium on coercive action for 21 days; liberty to file bail application if surrender is not accepted.

Rajveer Singh Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 42901 of 2022

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Applicant :- Rajveer Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Kumar Dwivedi,Gaurav Dwivedi

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Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard learned counsel for the applicant, Mr. K.P. Pathak, learned AGA for the State 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 charge sheet No. 26 of 2014 dated 04.04.2014 and summoning order dated 06.03.2017 passed by learned Additional Chief Judicial Magistrate, Court No. 1 Agra as well as entire criminal proceedings in Criminal Case No. 11294 of 2017 State Vs. Rajveer Singh, arising out of Case Crime No. 03 of 2014, under section 3/7 Essential Commodities Act, 1955, Police Station Sainya, District Agra pending in the court of learned Additional Chief Judicial Magistrate, Court No. 1, Agra.

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At the very outset, learned counsel for the applicant gave up his challenge to the aforesaid prayer 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/surrender application of the applicants 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 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.

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In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicants shall file a surrender application before the concerned court below on or before 17th March, 2023 . On receiving the surrender application, the court concerned shall obtain instructions from the public prosecutor and fix a date for appearance/surrender of the applicant(s) and for hearing the

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applicant(s) on surrender application.

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On the date fixed by the Court concerned, the applicant(s) will have liberty to prefer a bail application and a copy of the same be provided to the public prosecutor. In case, any such bail application is filed, the same shall be considered by the court below along with the surrender application, on the date fixed, 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) 10 SCC 773.

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For the period of 21 days from today or till the surrender application is decided, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.

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In case the applicant(s) does not comply with the aforesaid directions, the court below shall be free to take such measures for appearance of the applicant(s) as required under the law.

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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 :- 1.3.2023 Arti

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Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad

Rajveer Singh v. State of U.P. and Another

Case brief

What is this about?

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Rajveer Singh v. State of U.P. and Another

Case brief

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