Disposed

Mukesh and 3 Others v. State of U.P. and Another

Allahabad HC20 Feb 2023A482/43309/2022

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. where counsel withdrew challenges to imprisonment orders. The court directed the applicant to surrender within four weeks and ordered the trial court to expedite the bail application. The applicant is to not be arrested during this period.

What did the court decide?

Directs applicant to surrender within four weeks; directs trial court to dispose bail expeditiously; stays arrest for four weeks.

Mukesh and 3 Others Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

¶1

Court No. - 52

¶2

Case :- APPLICATION U/S 482 No. - 43309 of 2022

¶3

Applicant :- Mukesh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Bhardwaj Counsel for Opposite Party :- G.A.

¶4

Hon'ble Shiv Shanker Prasad,J.

¶5

Heard learned counsel for the applicants, learned counsel for the State and perused the record.

¶6

This application under Section 482 Cr.P.C. has been filed by the applicant to stay impugned order of non-bailable-warrant dated 11.10.2019 and subsequent orders, passed by Judicial Magistrate, Jewar, District Gautam Budh Nagar in Criminal Case No. 655 of 2011 (State Vs. Mukesh and Others), arising out of Case Crime No. 135 of 2010, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Rabupura, District Gautam Budh Nagar, pending in the Court of Judicial Magistrate, Jewar, District Gautam Budh Nagar.

¶7

At the very outset learned counsel for the applicant gave up his challenge to the aforesaid N.B.W. order dated 11.10.2019 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.

¶8

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 wants to surrender before the concerned court below, he has no objection in granting protection to him for a short period.

¶9

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 four weeks from today and in case he applies for bail, the bail application of the applicant shall be disposed of expeditiously by the court below in accordance with law.

¶10

For the period of four weeks from today or till the time of surrender of the applicant before the concerned Court below, whichever is earlier, he shall not be arrested in the above session trial.

¶11

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

¶12

Order Date :- 20.2.2023 SK Srivastava

¶13

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

Mukesh and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mukesh and 3 Others 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Raj Sharma @ Rajendra Sharma Vs State of U.P. and Another

Vaibhav Jaiswal @ Vaibhav Vs State of U.P. and Another

Sachin Yadav Vs State of U.P. and Another

Harpal and 4 Others Vs State of U.P. and Another

Ganesh Mishra Vs State of U.P. and Another

Imran and 3 Others Vs State of U.P. and Another