Disposed

Mukesh and 4 Others v. State of U.P. and Another

Allahabad HC22 Mar 2023A482/6476/2023

Case brief

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What is this about?

Applicants withdrew challenge to proceedings in a trial court case regarding Sections 147, 323, 506 IPC. The High Court directed surrender within six weeks and expedited disposal of bail applications. No arrest during this period is directed.

What did the court decide?

Direction to surrender within six weeks; no arrest for that period; bail to be disposed of expeditiously.

Mukesh and 4 Others Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 6476 of 2023

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Applicant :- Mukesh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Mohan,Harishchandra Dubey 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, 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 charge sheet no. 263 of 2021 dated 18.06.2021 as well as summoning / cognizance order dated 11.03.2022 and the entire proceeding of Case No. 1368 of 2022 (State Vs. Mukesh and Others), arising out of Case Crime No. 0819 of 2020, under Sections 147, 323, 506 I.P.C., Police Station Kotwali, District Mainpuri, pending in the Court of learned Chief Judicial Magistrate, Mainpuri.

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At the very outset learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet, summoning/ 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 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 applicants before the concerned court below, whichever is 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 :- 22.3.2023 SK Srivastava

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

Mukesh and 4 Others v. State of U.P. and Another

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Mukesh and 4 Others v. State of U.P. and Another

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