Mukund Singh @ Munder Singh and 3 Others Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

Mukund Singh @ Munder Singh and 3 Others Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Application dismissed as withdrawn with liberty to the applicants to approach the court concerned for bail; no coercive action against the applicants for 30 days; bail application, if filed, to be decided expeditiously in light of Satender Kumar Antil v. CBI, (2021) 10 SCC 773.

Issue for consideration

Whether the entire proceedings of Criminal Case Crime No. 986 of 2022 (arising out of Case Crime No. 0069 of 2020, sections 323, 504, 452 IPC, P.S. Manda, Prayagraj) pending before the Judicial Magistrate, IVth, Allahabad should be quashed under Section 482 Cr.P.C. (issue not adjudicated; application withdrawn).

Ratio / Principle

The application under Section 482 Cr.P.C. is dismissed as withdrawn with liberty to the applicants to approach the court concerned for bail.

Key takeaways

To enable the applicants to approach the court concerned for bail, no coercive action shall be taken against them for a period of 30 days.ratio¶9
If the applicants prefer a bail application before the court concerned, that court shall decide it expeditiously without granting unnecessary adjournment to any party.ratio¶9
While considering the bail application of the applicants, the court below shall keep in mind the principles of law laid down in Satender Kumar Antil v. CBI, (2021) 10 SCC 773.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Vikram D. Chauhan, J., 14.2.2023): Section 482 Cr.P.C. application seeking quashing of the entire proceedings of Criminal Case Crime No. 986 of 2022, State Vs. Mukund Singh and others (arising out of Case Crime No. 0069 of 2020, under sections 323, 504, 452 IPC, P.S. Manda, District Prayagraj, pending before the Judicial Magistrate, IVth, Allahabad), dismissed as withdrawn on the prayer of counsel for the applicants, with liberty to file a bail application before the court below. The court directed that for 30 days no coercive action be taken against the applicants, that any bail application be decided expeditiously without unnecessary adjournments, and that the court below keep in mind the principles in Satender Kumar Antil v. CBI, (2021) 10 SCC 773. The merits of the quashing prayer were not adjudicated.

Court No. - 51

Case :- APPLICATION U/S 482 No. - 5442 of 2023

Applicant :- Mukund Singh @ Munder Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Vishal Mishra,Bala Nath Mishra,Sachin Mishra Counsel for Opposite Party :- G.A.

Hon'ble Vikram D. Chauhan,J.

Heard learned counsel for the applicants and learned AGA for the State-respondent.

This application under Section 482 Cr.P.C. has been filed by applicants for quashing the entire proceedings of Criminal Case Crime No.986 of 2022, State Vs. Mukund Singh and others, arising out of Case Crime No.0069 of 2020, under sections 323, 504, 452 I.P.C., P.S. Manda, District Prayagraj pending in the court of Judicial Magistrate, IVth, Allahabad.

After some argument, learned counsel for the applicants states that he may be permitted to withdraw this application filed under Section 482 Cr.P.C. with liberty to file bail application before the court below.

Learned AGA has no objection to the prayer made by learned counsel for the applicant.

Under the circumstances, the present application under Section 482 Cr.P.C. is dismissed as withdrawn with liberty to applicants to approach the court concerned for bail. In order to enable the applicants to approach the court concerned for bail, for a period of 30 days, no coercive action shall be taken against the applicants. In case, the bail application is preferred by the applicants before the court concerned, the court concerned shall decide the same expeditiously without granting unnecessary adjournment to any party. While considering the bail application of the applicants, the court below shall keep in mind the principles of law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.

The application under Section 482 Cr.P.C. is dismissed as withdrawn with the aforesaid liberty and direction.

Order Date :- 14.2.2023 Bhaskar

Digitally signed by :- BHASKAR High Court of Judicature at Allahabad