Disposed

Dharmendra Singh Pal v. State of U.P. and Another

Allahabad HC1 Mar 2023A482/43613/2022

Case brief

AI extract

What is this about?

Court construed Section 482 Cr.P.C. to grant temporary protection from coercive action while directing the applicant to file a surrender application within six weeks. The court instructed lower courts to expedite bail and surrender proceedings applying Satender Kumar Antil guidelines.

What did the court decide?

Directing filing of surrender application within six weeks; no coercive action during this period; lower court to expedite bail/surrender hearing.

Dharmendra Singh Pal 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. - 43613 of 2022

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Applicant :- Dharmendra Singh Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Kumar Pal 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 cognizance order dated 22.06.2021 passed by the learned Chief Judicial Magistrate, Kannauj in Criminal Case No. 2385 of 2021, State Vs. Mormukut @ Moradhwaj and others as well as impugned charge sheet No. 12 of 2021, dated 13.01.2021 arising out of Case Crime No. 181 of 2020, under section 406, 427, 506 IPC, Police Station Thathia, District Kannauj as well as further proceedings in the aforesaid case.

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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 24th 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 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 six weeks' from today or till the surrender application is decided, whichever is earlier, no coercive action shall be taken against the applicant.

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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

Dharmendra Singh Pal v. State of U.P. and Another

Case brief

What is this about?

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Dharmendra Singh Pal v. State of U.P. and Another

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