Disposed

Ashok Saroj and Another v. State of U.P.and Another

Allahabad HC21 Mar 2023A482/6675/2023

Case brief

AI extract

What is this about?

The High Court disposed of an application u/s 482 CrPC filed to challenge complaints in a case involving IPC offences. The court directed the applicants to file a surrender application by a specific date and restrained coercive action for 21 days while the surrender application was pending consideration.

What did the court decide?

Restraint on coercive action for 21 days; direction to file surrender application by 04.04.2023; liberty to prefer bail application.

Ashok Saroj and Another Vs State of U.P.and… — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 6675 of 2023

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Applicant :- Ashok Saroj And Another Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Mamta Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mrs. Mamta, learned counsel for the applicants, Sri Amit Singh Chauhan, learned AGA-I for the State, Sri Satish Kumar Mishra and Sri Virendra Kumar Shukla, learned Advocates who have filed their vakalatnama on behalf of opposite party no. 2.

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In compliance of earlier order of this Court dated 02.3.2023, opposite party no. 2 - Mrs. Sarita along with her father Sri Panna Lal, has been brought by Ms. Manorma, Constable, Police Station, Maharajganj, District Jaunpur, before this Court who is identified by her counsel.

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This application under Section 482 Cr.P.C. has been filed by the applicants challenging the proceedings of Complaint Case No. 555 of 2019, "Sarita Devi v. Aarti", under Sections 323, 504, 494 IPC, P.S. Badlapur, District Jaunpur in the Court of Civil Judge (Junior Division), F.T.C., Jaunpur.

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After arguing the matter at length, learned counsel for the applicants gave up her challenge to the aforesaid prayer and confined her submissions, requesting to grant some protection to the applicants to surrender before the concerned court below. He further submits at the Bar that she 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

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the applicants expeditiously.

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Learned A.G.A. for the State of U.P. submits that in case the applicants do not press the relief as sought for by them on merits and want to surrender before the concerned court below, State 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 by 04.4.2023. 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 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 , (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.

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In case the applicants do not comply with the aforesaid directions, the court below shall be free to take such measures for appearance of the applicants as required under the law.

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Opposite party no. 2 - Sarita is being taken away by her father

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Sri Panna Lal S/o Doodhnath in the presence of counsel for the parties.

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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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Office to furnish a copy of this order to Constable Manorma, today, who brought the opposite party no. 2 to this Court.

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Order Date :- 21.3.2023 DS

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

Ashok Saroj and Another v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

Ashok Saroj and Another v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

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