The Court disposed of a S. 482 application by directing the trial court to dispose of a pending surrender application moved by the applicant within 15 days, upon his appearance, as per Supreme Court law.
Direction to trial court to dispose of surrender application within 15 days of applicant's appearance.
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Court No. - 71
Case :- APPLICATION U/S 482 No. - 43751 of 2022
Applicant :- Mintu @ Vivek Vishwakarma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Chand Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicant and learned A.G.A. for the State-respondent.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the supplementary charge sheet No. 122A dated 18.01.2021 arising out of Case Crime No. 87 of 2019 added under Section 308 I.P.C. Police Station Gopiganj, District Bhadohi pending in the court of Additional Sessions Judge-II, Bhadohi.
In the Court, learned counsel for the applicant only argued that some relaxation may be given to the applicant as he wants to surrender before the trial court.
The application is, therefore, disposed of with the direction to the trial court that if the applicant appears before the court below within 15 days from today and moves an application before the trial court, the same shall be disposed of as soon as possible in view of law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 and Brahm Singh and others Vs. State of U.P. and others, 2016 (95) ACC 950.
Order Date :- 2.1.2023 gp
Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad
2 issues framed by the court
Whether to grant relaxation or direct disposal of the bail application filed by the applicant seeking surrender before the trial court.
The scope of direction to the trial court regarding the prompt disposal of the applicant's surrender application.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherApplied¶8
(2021) 10 SCC 773 · Who else cites this
Brahm Singh and others Vs. State of U.P. and othersReferred¶8
2016 (95) ACC 950
2 provisions across 2 enactments
Mintu @ Vivek Vishwakarma
State of U.P.
Sadhna Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
