Disposed

Anand Singh v. State of U.P. and Another

Allahabad HC21 Mar 2023A482/5599/2023

Case brief

AI extract

What is this about?

Applicant surrendered challenge to quash proceedings, seeking protection to surrender. Court directed no-arrest protection for six weeks and expressed court below to decide bail expeditiously.

What did the court decide?

Directed applicant to surrender within six weeks; directed lower court to dispose of bail application expeditiously; granted protection from arrest during this period.

Anand Singh Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2023)

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 5599 of 2023

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Applicant :- Anand Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashi Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Sri N. L. Pandey, Advocate has filed his Vakalatnama on behalf of the opposite party no.2, is taken on record.

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Heard learned counsel for the applicant, learned counsel for opposite party no.2 and 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 entire proceedings of Complaint Case No. 1671 of 2021 (Rajendra Singh Vs. Anand Singh), under Sections 406, 504, 506 I.P.C., Police Station Nidhauli Kalan, District Etah, pending in the court of learned Chief Judicial Magistrate.

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At the very outset learned counsel for the applicant gave up his challenge to the aforesaid entire proceedings of complaint case against the applicant 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 courts below to consider and decide the bail 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 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 applicant, it is directed that the applicant shall surrender before the concerned court below within six weeks from today and in case apply for bail, the bail application of the applicant 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 applicant 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. Order Date :- 21.3.2023 Abhishek Singh

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

Anand Singh v. State of U.P. and Another

Case brief

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Anand Singh v. State of U.P. and Another

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