Dismissed

Surendra and 3 Others v. State of U.P. and Another

Allahabad HC14 Mar 2023A482/8517/2023

Case brief

AI extract

What is this about?

This interim order dismissed a Section 482 Cr.P.C. application as the prayer to quash was not pressed. The court directed that non-bailable warrants be kept in abeyance if applicants file a bail application within three weeks, warning of legal proceedings if they fail to appear.

What did the court decide?

Non-bailable warrants kept in abeyance for three weeks if applicants file bail application; otherwise proceed in accordance with law.

Surendra and 3 Others Vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 8517 of 2023

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Applicant :- Surendra And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandan Singh,Anjani Kumar Singh 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 Chandan Singh, 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 Surendra, Ramadhare, Sadhusharan, Jagdish, with the prayer to quash the non bailable warrant dated 10.2.2023 as well as entire proceeding of Criminal Case No. 90 of 2021 (State vs. Kewal and others) pending before Chief Judicial Magistrate, Maharajganj, arising out of Case Crime No. 105 of 2020, under Sections 147, 148, 323, 504, 506, 325, 352, 452, 308 I.P.C. and Section 51-B Disaster Management Act, P.S.Farenda, District Maharajganj and further direct the learned court below not to adopt coercive measure against the applicants and with the further prayer to stay the further proceedings of said case.

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At the very outset, learned counsel for the applicants states that he does not want to press the prayer for quashing of the non bailable warrant order, entire proceedings of the case. He states that the purpose of the applicants would be served if they are permitted to appear before the trial court within a period of three weeks from today and file a regular bail application but till then the non-bailable warrants as issued may be kept in abeyance.

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In view of the above, the prayer for quashing of non bailable warrant order and proceedings of the 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 appear and apply for bail before the court concerned within three weeks from today, the same shall be considered and decided in accordance with law. Till the aforesaid period, the non-bailable warrants shall be kept in abeyance.

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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

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proceed against them in accordance with law. The present application is disposed of.

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(Samit Gopal,J.)

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Order Date :- 14.3.2023 Naresh

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Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad

Surendra and 3 Others v. State of U.P. and Another

Case brief

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Surendra and 3 Others v. State of U.P. and Another

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