Disposed

Ramesh Nigam and 3 Others v. State of U.P. and Another

Allahabad HC3 Mar 2023A482/4961/2023

Case brief

AI extract

What is this about?

In a Special Application under Section 482 Cr.P.C., the applicant counsel surrendered the quashing prayer on merits. The Court granted an interim direction not to arrest the applicants for six weeks pending surrender and ordered expedited disposal of their bail application by the lower court while keeping the report of the Supreme Court in Satender Kumar Antil in mind.

What did the court decide?

Direction not to arrest applicants for six weeks pending surrender; direction to lower courts to dispose of bail application expeditiously.

Ramesh Nigam and 3 Others Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Court No. - 52

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Case :- APPLICATION U/S 482 No. - 4961 of 2023

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Applicant :- Ramesh Nigam And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Patel Counsel for Opposite Party :- G.A.

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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 entire proceeding of Criminal Case No. 26 of 2023 (State vs Ramesh Nigam & Ors) as well as impugned charge sheet dated 12.09.2022 and impugned cognizance order dated 21.01.2023 passed by the Additional Civil Judge (Junior Division), New Court-III Jaunpur arising out of case crime No. 0174 of 2022 under Sections 323, 504, 506, 452 I.P.C. Police Station- Badlapur, District- Jaunpur, pending in the court of Additional Civil Judge (Junior Division), New Court-III Jaunpur.

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At the very outset learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet 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 they are 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

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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 six weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, he 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 :- 3.3.2023 Gaurav

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Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad

Ramesh Nigam and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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Ramesh Nigam and 3 Others v. State of U.P. and Another

Case brief

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