Dismissed

Devendra @ Lachkai and 3 Others v. State of U.P. and Another

Allahabad HC15 Mar 2023A482/8450/2023

Case brief

AI extract

What is this about?

Court dismissed unpressed prayer to quash proceedings under S. 482 Cr.P.C. Directed trial court to consider bail expeditiously if applicants surrender within two weeks; stayed coercive action during this period.

What did the court decide?

Prayer for quashing and stay dismissed; bail to be considered expeditiously if surrender occurs within two weeks; coercive action stayed for that period.

Devendra @ Lachkai and 3 Others Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 8450 of 2023

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Applicant :- Devendra @ Lachkai And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kuber Singh Yadav 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 Kuber Singh Yadav, learned counsel for the applicants, Sri S.B. Maurya, 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 Devendra @ Lachkai, Amar Jyoti, Roshan and Devman with the prayer to quash the impugned cognizance order dated 05.10.2017 and charge sheet dated 16.12.2016 as well as entire proceeding of Criminal Case No. 6472 of 2017 (State Vs. Devendra @ Lachkai and others) arising out of Case Crime No. 298 of 2016, under Section 323, 504, 506, 308, 427 I.P.C., Police Station Mubarakpur, District Azamgarh, pending in the court of Chief Judicial Magistrate, Azamgarh and with further that further 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 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 applicants.

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In view of the above, the prayer for quashing 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 applicants, it is directed that if the accused-applicants surrender

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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 :- 15.3.2023 M. ARIF

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(Samit Gopal, J.)

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

Devendra @ Lachkai and 3 Others v. State of U.P. and Another

Case brief

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Devendra @ Lachkai and 3 Others v. State of U.P. and Another

Case brief

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