Disposed

Netra Pal Singh v. State of U.P. and 3 Others

Allahabad HC11 Apr 2023A482/4991/2023

Case brief

AI extract

What is this about?

The High Court disposed of a Section 482 CrPC application filed to quash proceedings. The applicant withdrew the quashing prayer and requested protection to surrender. The court directed the lower court to接纳 the surrender application within a stipulated timeline and granted a stay on coercive action for 15 days.

What did the court decide?

Protection granted for surrender; no coercive action for 15 days; directions to lower court to fix hearing date.

Netra Pal Singh Vs State of U.P. and 3 Others — Allahabad HC (2023) — LawSathi Research

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 4991 of 2023

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Applicant :- Netra Pal Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Purnima,Ranjeet Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Ranjeet Kumar Mishra, learned counsel for the applicant and Mr. Pankaj Srivastava, 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 applicant to quash the order dated 29.01.2021 passed by Additional District Judge/Special Judge (POCSO) Act and the entire proceeding of Complaint Case No.542 of 2020, (Surajbhan Vs. Bheekam Pal and others), under Sections 354, 452, 323, 504, 506 I.P.C. and Section 7/8 POCSO Act, Police Station-Sikandrarau, District-Hathras.

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At the 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 court below to consider and decide the bail application/surrender application of the applicant 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 him on merits and want to surrender before the concerned court below, he has no objection in granting protection to him for a short 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 applicant shall file a surrender application before the concerned Court below on or before 26th April, 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 and for hearing the applicant on surrender application.

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On the date fixed by the Court concerned, the applicant 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, after hearing the informant, on the date fixed, in accordance with law keeping in view the guidelines as laid down by the Hon'ble Apex Court.

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For the period of 15 days from today or till the surrender application is decided, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid 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 :- 11.4.2023 Rahul.

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Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad

Netra Pal Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Netra Pal Singh v. State of U.P. and 3 Others

Case brief

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What did the court decide?

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