Disposed

Sahab Singh and 3 Others v. State of U.P. and Another

Allahabad HC23 Mar 2023A482/6018/2023

Case brief

AI extract

What is this about?

The High Court disposed of an Application under Section 482 Cr.P.C. where applicants withdrew their quashing prayer. The Court directed the applicants to file a surrender application within 21 days and granted protection against coercive action until then, while fixing procedures for subsequent bail hearings.

What did the court decide?

Direction to applicants to file surrender application within 21 days; protection against coercive action during this period; liberty to apply for bail on fixed date.

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

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 6018 of 2023

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Applicant :- Sahab Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhananjay Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Dhananjay Pratap Singh, learned counsel for the applicants and Mr. K.P. Pathak, 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 summoning order dated 11.08.2022 passed by Judicial Magistrate, Iglas, District Aligarh in Complaint Case No.04 of 2022 (Rekha Devi Vs. Sahab Singh & others), under Sections 452, 323 I.P.C., Police Station-Iglas, District-Aligarh, pending in the Court of Judicial Magistrate, Iglas, Aligarh.

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At the outset learned counsel for the applicants gave up his challenge to the aforesaid prayer 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 court below to consider and decide the bail application/surrender 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 file a surrender application before the concerned Court below on or before 10th 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 applicants and for hearing the applicants on surrender application.

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On the date fixed by the Court concerned, the applicants 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, on the date fixed, in accordance with law keeping in view the guidelines as laid down by the Hon'ble 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 21 days from today or till the surrender application is decided, whichever is earlier, no coercive action shall be taken against the applicants 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 :- 23.3.2023 Rahul.

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

Sahab Singh and 3 Others v. State of U.P. and Another

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Sahab Singh and 3 Others v. State of U.P. and Another

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