Disposed

Viran @ Virendra Raj and 5 Others v. State of U.P. and Another

Allahabad HC21 Feb 2023A482/43650/2022

Case brief

AI extract

What is this about?

The High Court disposed of a Section 482 application filed to quash criminal proceedings. Upon the applicants withdrawing their challenge to quash proceedings and seeking protection, the Court directed the lower court to expedite the bail application. The applicants were granted protection from arrest for six weeks until surrender or disposal of the bail application.

What did the court decide?

Protection from arrest granted for six weeks or until surrender, with direction to expedite bail application.

Viran @ Virendra Raj and 5 Others Vs State of U.P. and… — Quashing and FIR | Allahabad HC (2023)

¶1

Court No. - 45

¶2

Case :- APPLICATION U/S 482 No. - 43650 of 2022

¶3

Applicant :- Viran @ Virendra Raj And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Kumar Singh,Arurit Kumar Counsel for Opposite Party :- G.A.

¶4

Hon'ble Mrs. Manju Rani Chauhan,J.

¶5

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

¶6

This application under Section 482 Cr.P.C. has been filed to quash the entire proceeding of Complaint Case No. 164115 of 2021 (Ajay Kumar Rajbhar Vs. Viran @ Virendra Raj and others), under sections 325, 427, 452 IPC, Police Station Tiwaripur, District Gorakhpur including the impugned summoning order dated 24.08.2022 passed by the court of Addl. Chief Judicial MagistrateII, Gorakhpur pending in the court of learned ACJM-II, Gorakhpur.

¶7

After arguing the matter, learned counsel for the applicants gave up his challenge to the entire proceedings against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. Learned counsel for the applicants 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 court below to consider and decide the bail application of the applicants expeditiously.

¶8

Learned A.G.A. for the State submits that in case the applicants are 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.

¶9

In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within six weeks from today and in case they apply for bail, the bail application of the applicants shall be disposed of expeditiously by the court below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender

¶10

Kumar Antil vs. Central Bureau of Investigation and Another , reported in (2021) 10 SCC 773 .

¶11

For a period of six weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, they shall not be arrested in the aforesaid case.

¶12

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

¶13

Order Date :- 21.2.2023 Arti

¶14

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

Viran @ Virendra Raj and 5 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Viran @ Virendra Raj and 5 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

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sunil Kumar Pal Vs State of U.P. and Another

Aneetaa Vs State of U.P. and Another

Anek Singh and 3 Others Vs State of U.P. and Another

Vinod Kumar Singh and 4 Others Vs State of U.P. and Another

Shamsuddin Khan Vs State of U.P. and Another

Vijay Bahadur Yadav and Another Vs State of U.P. and Another