Disposed

Radhey Shyam v. State of U.P. and Another

Allahabad HC13 Mar 2023A482/6053/2023

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the applicant withdrew challenge to impugned orders and sought protection to surrender. The High Court directed surrender within 15 days, prohibited arrest during this period, and ordered the lower court to dispose of the bail application expeditiously.

What did the court decide?

Direction to surrender within 15 days; protection from arrest; direction to lower court to dispose bail application expeditiously.

Radhey Shyam 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. - 6053 of 2023

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Applicant :- Radhey Shyam Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohd. Aslam 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 applicant, 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 applicant to quash the orders dated 16.07.2007 and 13.01.2020 passed by Chief Judicial Magistrate, Saharanpur in Case No. 3387 of 1994, arising out of Case Crime No. 99 of 1994, under Sections 420, 467, 471 I.P.C., Police Station Sadar Bazar, District Saharanpur.

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At the very outset learned counsel for the applicant gave up his challenge to the aforesaid orders dated 16.07.2007 and 13.01.2020 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 wants 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 surrender before the concerned court below within 15 days from today and in case he applies for bail, the bail application of the applicant shall be disposed of expeditiously by the court below in accordance with law.

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For the period of 15 days 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.

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Order Date :- 13.3.2023 SK Srivastava

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Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Radhey Shyam v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Radhey Shyam v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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