Disposed

Dharmveer Singh and 2 Others v. State of U.P. and Another

Allahabad HC14 Mar 2023A482/8478/2023

Case brief

AI extract

What is this about?

A single-judge order dismissing the unpressed prayer to quash proceedings in a criminal case under IPC, mapping bail application. Instruction to consider bail within three weeks upon surrender if it occurs, with no coercive action until then. Retained coercive powers if applicants fail to appear. The case is disposed of without substantive legal principles.

What did the court decide?

Prayer to quash dismissed as not pressed; bail application to be considered expeditiously within three weeks if applicants surrender; no coercive action till then.

Dharmveer Singh and 2 Others Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 8478 of 2023

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Applicant :- Dharmveer Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra 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 Jitendra Kumar Srivastava, learned counsel for the applicants, 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 applicants-Dharmveer Singh, Karmveer Singh and Doodhnath Chaudhary with the prayer to quash the entire proceedings of Criminal Case No.1845 of 2021 (State Vs. Dharmveer Singh and others) arising out of Case Crime No.343 of 2019, u/s 354A, 504, 427 IPC, P.S. Purani Basti, District Basti pending in the court of C.J.M. Basti as well as cognizance order dated 8.4.2021 and charge sheet dated 17.1.2020 in the aforesaid case 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 entire proceedings, charge sheet and cognizance order 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 entire proceedings, charge sheet and cognizance order 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 three weeks from

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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 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 :- 14.3.2023 Gaurav

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

Dharmveer Singh and 2 Others v. State of U.P. and Another

Case brief

What is this about?

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Dharmveer Singh and 2 Others v. State of U.P. and Another

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