Disposed

Ramtirath and Another v. State of U.P. and Another

Allahabad HC14 Mar 2023A482/5682/2023

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. for protection to surrender. Applicants withdrew merit challenges. Court directed surrender within six weeks and expeditious disposal of bail under Satender Kumar Antil guidelines, granting no-arrest protection.

What did the court decide?

Applicants directed to surrender within six weeks; bail to be disposed expeditiously; no arrest for six weeks or until surrender.

Ramtirath and Another Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 5682 of 2023

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Applicant :- Ramtirath And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kumar Yadav,Mahendra Kumar Yadav

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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 and the learned counsel 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 summoning order dated 11th October, 2022 as well as the proceedings of Complaint Case No. 425 of 2021 (Asha Devi Vs. Ramtirath & Others), under Sections 323, 392 and 504 I.P.C. Police Station-Kannauj, District-Kannauj, pending in the Court of Special Judge (D.A.A.)/Additional Session Judge/F.T.C., Court No.2, Kannauj.

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At the very outset learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet, cognizance order and entire proceedings 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 they 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 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

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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 :- 14.3.2023 Sushil/-

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

Ramtirath and Another v. State of U.P. and Another

Case brief

What is this about?

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Ramtirath and Another v. State of U.P. and Another

Case brief

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