Disposed

Kamta Prasad and 6 Others v. State of U.P. and Another

Allahabad HC23 Mar 2023A482/4624/2023

Case brief

AI extract

What is this about?

The single judge declined to quash criminal proceedings on merits since the applicants abandoned that challenge. The court directed the applicants to surrender within six weeks and granted interim protection against arrest to facilitate bail processing expeditiously.

What did the court decide?

Applicants to surrender within six weeks; direction not to be arrested for that period; bail to be disposed of expeditiously.

Kamta Prasad and 6 Others Vs State… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 4624 of 2023

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Applicant :- Kamta Prasad And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Upendra Kumar Singh Counsel for Opposite Party :- G.A.,Hari Nath Tripathi

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the applicants, learned A.G.A. 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 to quash the charge-sheet dated 20.01.2020, cognizance/ summoning order dated 20.03.2020 as well as entire proceedings of Criminal Case No. 2138 of 2020 (State of U.P. Vs. Kamta Prasad and others), arising out of Case Crime No. 530 of 2019, under Sections 278, 285 I.P.C. and Section 8, 15 Environment Protection Act, 1986, Police Station Puranpur, District Pilibhit, pending in the court of Chief Judicial Magistrate, Pilibhit.

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At the very outset learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet, cognizance/ summoning order and entire proceedings of criminal case against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The 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 courts below to consider and decide the bail 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 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.

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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 surrender before the concerned court below within six weeks from today and in case apply for bail, the bail application of the applicants shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender

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

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For the 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 above case.

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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 :- 23.3.2023 Abhishek Singh

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

Kamta Prasad and 6 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Kamta Prasad and 6 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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