Disposed

Pramod v. State of U.P. and Another

Allahabad HC21 Apr 2023A482/43723/2022

Case brief

AI extract

What is this about?

High Court disposed of Section 482 Cr.P.C. application. Applicant withdrew quashing challenge and sought protection for surrender. Court directed surrender within four weeks, stayed coercive action, and linked bail to surrender process citing Satender Kumar Antil.

What did the court decide?

The court directed the applicant to file a surrender application on or before 8th May 2023 and granted a 4-week stay on coercive action. Bail application linked to surrender.

Pramod Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 43723 of 2022

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Applicant :- Pramod Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhlendra Pratap Singh,Deleep Kumar Chaudhari Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Akhlendra Pratap Singh, 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 impugned summoning order dated 04.08.2022 passed by Chief Judicial Magistrate, Hapur as well as entire proceeding of Case No. 2428 of 2021 (State Vs. Satendra and others) arising out of Case Crime No. 0179 of 2021, under sections 379, 411, 34 IPC, Police Station Pilkhuwa, District Hapur.

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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

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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 8th May, 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 four weeks from today or till the surrender application is decided, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.

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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 :- 21.4.2023 Arti

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

Pramod v. State of U.P. and Another

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Pramod v. State of U.P. and Another

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