Disposed

Rajendra and 3 Others v. State of U.P. and Another

Allahabad HC18 Apr 2023A482/43820/2022

Case brief

AI extract

What is this about?

The High Court disposed of an application filed under Section 482 Cr.P.C. granting the applicants protection to surrender. It directed the applicants to file a surrender application within two weeks, leaving bail considerations to the lower court in accordance with guidelines from Satender Kumar Antil.

What did the court decide?

Directed applicants to file surrender application within two weeks; liberty to prefer bail application; no coercive action for 21 days.

Rajendra and 3 Others Vs State of U.P. and… — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 43820 of 2022

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Applicant :- Rajendra And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mithilesh Kumar,Mukesh Kumar 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 applicants, Sri Amit Singh Chauhan, learned AGA-I 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 Charge-Sheet No. 50 of 2020 dated 22.05.2020 as well as entire proceedings of Criminal Case No. 7953 of 2020, 'State v. Rajendra and Others', arising out of Case Crime No. 55 of 2020, under Sections 4, 21 of Mines and Minerals (Development and Regulation) Act, 1957 and Section 379 IPC, Police Station Chandi Nagar, District Baghpat, pending in the Court of Chief Judicial Magistrate, Baghpat.

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After arguing the matter at length, 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 within two weeks i.e on or before 03.05.2023. 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, no coercive action shall be taken against the applicants.

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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 :- 18.4.2023 DS

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

Rajendra and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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Rajendra and 3 Others v. State of U.P. and Another

Case brief

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