Dismissed

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

Allahabad HC27 Feb 2023A482/7061/2023

Case brief

AI extract

What is this about?

The High Court dismissed the unpressed prayer to quash the charge sheet. It directed that if applicants surrender within two weeks, their bail shall be considered expeditiously; no coercive action was taken during this period.

What did the court decide?

Prayer to quash charge sheet dismissed. Direction given for expedited bail consideration if applicants surrender within two weeks.

Sunahari and 4 Others Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 7061 of 2023

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Applicant :- Sunahari And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Sisodia,Dhirendra Kumar Srivastava 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 D.K. Srivastava, learned counsel for the applicants, Sri Raj Kumar Gupta, 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-Sunahari, Lakhan, Mahavir, Mani and Dharmendra with the prayer to quash the Charge Sheet dated 26.9.2019, No.335 of 2019 arising out of Case Crime No.412 of 2019 (State Vs. Sunahari and others), u/s 147, 323, 504, 505, 506 IPC, P.S. Hasanpur, District Amroha pending in the court of Judicial Magistrate, Hasanpur, District Amroha and further to stay the further proceedings of aforesaid case during the pendency of the present application before this Hon'ble Court.

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At the very outset, learned counsel for the applicants states that the purpose of the applicants would suffice if an order is passed directing the trial court to decide the bail application of the applicants, as expeditiously as possible. He further states that although the prayer has been made for quashing of the charge sheet 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 applicants.

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In view of the above, the prayer for quashing of charge sheet 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 applicants, it is directed that if the accused-applicants surrender before the trial court and apply for bail within two weeks from today, the same shall be considered and decided expeditiously in accordance with law.

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Till the aforesaid period, no coercive action shall be taken against

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the applicants in the aforesaid case.

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It is clarified that if the accused-applicants do not appear before the court concerned by the said date, the court concerned shall proceed against them in accordance with law.

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The present application is disposed of.

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(Samit Gopal, J.)

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Order Date :- 27.2.2023 Gaurav

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Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad

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

Case brief

What is this about?

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Sunahari and 4 Others 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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