Dismissed

Suraj Gupta v. State of U.P. and Another

Allahabad HC24 Feb 2023A482/6901/2023

Case brief

AI extract

What is this about?

The High Court dismissed the untied prayer to quash proceedings under Section 482 Cr.P.C. Instead, the court directed the trial court to decide the applicant's bail application expeditiously if he surrenders within three weeks. No coercive action was directed during that period.

What did the court decide?

Prayer for quashing dismissed; direction to consider bail application expeditiously upon surrender within three weeks; no coercive action during this period.

Suraj Gupta Vs State of U.P. and… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 6901 of 2023

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Applicant :- Suraj Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Sunil Kumar Tripathi, learned counsel for the applicant, Ms. Arti Agarwal, 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 Suraj Gupta with the prayer to quash the entire proceeding including summoning order dated 15.12.2022 as well as cognizance order dated 01.11.2022 passed by Civil Judge (Junior Division), Fast Track Court, District Fatehpur in Session Trial No. 800 of 2022 (State Vs. Abhishek Gupta and others), arising out of Case Crime No. 96 of 2022, under Section 498-A, 323, 504, 506, 354 IPC and 3/4 D.P. Act, Police Station Chandpur, District Fatehpur and with further that further proceedings of the aforesaid case be stayed against the applicant, during the pendency of the present application.

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At the very outset, learned counsel for the applicant states that the purpose of the applicant would suffice if an order is passed directing the trial court to decide the bail application of the applicant, as expeditiously as possible. He further states that although the prayer has been made for quashing and staying the further proceedings of the case but he does not press the same.

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Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicant.

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In view of the above, the prayer for quashing of and staying the further proceedings of the aforesaid case is dismissed as not pressed.

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However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicant, it is directed that if the accused-applicant surrenders

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before the trial court and applies for bail within three weeks from today, the same shall be considered and decided expeditiously in accordance with law. Till the aforesaid period, no coercive action shall be taken against the applicant.

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It it clarified that if the accused-applicant does not appear before the court concerned by the said date, the court concerned shall proceed against him in accordance with law.

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The present application is disposed of.

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Order Date :- 24.2.2023 M. ARIF

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(Samit Gopal, J.)

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Suraj Gupta v. State of U.P. and Another

Case brief

What is this about?

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Suraj Gupta v. State of U.P. and Another

Case brief

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