Disposed

Lalmani Yadav v. State of U.P. and Another

Allahabad HC17 Feb 2023A482/42975/2022

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. regarding a summons order. The applicant abandoned merits challenges and sought protection to surrender. The court directed protection from arrest for six weeks or until surrender, instructing lower courts to decide the bail application expeditively.

What did the court decide?

Protection from arrest granted for six weeks or until surrender; direction to lower courts to decide bail application expeditiously.

Lalmani Yadav Vs State of U.P. and Another — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 45

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Case :- APPLICATION U/S 482 No. - 42975 of 2022

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Applicant :- Lalmani Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suneel Kumar Mishra ,Pramod Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Suneel Kumar Mishra, learned counsel for the applicant, Mr. Pankaj Srivastava, 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 summoning order dated 06.12.2022 passed by Chief Judicial Magistrate, Mirzapur as well as entire proceedings of Complaint Case No.7797 of 2022 (State vs. Lalmani Yadav), under Sections 4/21 of Mines and Minerals Act, 1957 and Section 3/58/72 of U.P. Upkhanij (Parihar) Niyamavali 2021, Police Station- Kotwali Katara, DistrictMirzapur, pending in the Court of Chief Judicial Magistrate, Mirzapur.

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At the outset learned counsel for the applicant gave up his challenge to the aforesaid impugned summoning order and entire proceedings against the applicants 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 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 him on merits and want to surrender before the concerned court below, he has no objection in granting protection to him 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 applicant shall surrender before the concerned court below within six weeks from today and in case apply 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

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

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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 :- 17.2.2023 A.Kr.

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

Lalmani Yadav v. State of U.P. and Another

Case brief

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Lalmani Yadav v. State of U.P. and Another

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