Disposed

Omveer and 5 Others v. State of U.P. and Another

Allahabad HC28 Feb 2023A482/43643/2022

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. The applicants surrendered their challenge to the cognizance order but sought protection to surrender to the lower court. Directions were issued for immediate surrender, with liberty to prefer a bail application during the interim period.

What did the court decide?

Direction to file surrender application by 20th March 2023; liberty to prefer bail application on hearing date; cognizance order kept in abeyance for 21 days.

Omveer and 5 Others Vs State of U.P. and… — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 45

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Case :- APPLICATION U/S 482 No. - 43643 of 2022

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Applicant :- Omveer And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pravindra Singh,Devendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Sri Pravindra Singh, learned counsel for the applicants, Sri Akhilesh Kumar 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 applicants challenging cognizance order dated 23.11.2022 passed by Chief Judicial Magistrate, Ghaziabad in Misc. Case No. 198 of 2022 (Complaint No. 54376 of 2022), 'Vipin Kumar v. Omvir and others' arising out of Case Crime No. 473 of 2021, under Sections 147, 148, 307, 323, 506 IPC, Police Station Madhuban Bapudham, District Ghaziabad.

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At the very outset, learned counsel for the applicants gave up his challenge to the aforesaid prayer and confined his submissions, requesting to grant some protection to the applicants to surrender before the concerned court below. He further submits 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 court 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 applicants do not press the relief as sought for by them on merits and want to surrender before the concerned court below, State has no objection in granting protection to them for a short

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period.

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In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall file a surrender application before the concerned court below on or before 20th 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 applicants and for hearing the applicants on surrender application.

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On the date fixed by the court concerned, the applicants 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 , (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, effect and operation of the order dated 23.11.2022 shall be kept in abeyance.

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In case the applicants do not comply with the aforesaid directions, the court below shall be free to take such measures for appearance of the applicants 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 :- 28.2.2023 DS

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Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad

Omveer and 5 Others v. State of U.P. and Another

Case brief

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Omveer and 5 Others v. State of U.P. and Another

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