Dismissed

Gorakh Tiwari and 4 Others v. State of U.P. and Another

Allahabad HC1 Mar 2023A482/7594/2023

Case brief

AI extract

What is this about?

Application seeking quashment of criminal proceedings and stay of coercive action was dismissed as the quashment prayer was not pressed. Court directed that if applicants surrender and apply for bail within two weeks, it will be decided expeditiously.

What did the court decide?

Prayer for quashing dismissed as not pressed. Direction to consider bail expeditiously upon surrender within two weeks.

Gorakh Tiwari and 4 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 7594 of 2023

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Applicant :- Gorakh Tiwari And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prabha Shanker Bharti 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 Prabha Shanker Bharti, learned counsel for the applicants, Sri B.B. Upadhyay, 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- Gorakh Tiwari, Kamla Kant Tiwari, Vijay Tiwari, Vineet Tiwari and Ashish Tiwari with the prayer to allow this application and quash the entire proceeding as well as summoning order dated 13.12.2022 in Case No. 23390 of 2022, arising out of Case Crime No. 257 of 2022, under Sections 147, 323, 504, 506, 336, 427, 452, 325 I.P.C., Police Station Ali Nagar, District Chandauli pending in the Court of Judicial Magistrate, Chandauli, District Chandauli with a further prayer that proceedings of the aforesaid case be stayed against the applicants during the pendency of the present application.

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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, cognizance order and the 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 applicants.

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In view of the above, the prayer for quashing of proceedings/cognizance order/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

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

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It it 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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Order Date :- 1.3.2023 AS Rathore

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(Samit Gopal,J.)

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

Gorakh Tiwari and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Gorakh Tiwari and 4 Others v. State of U.P. and Another

Case brief

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What the court decided

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