Dismissed

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

Allahabad HC28 Mar 2023A482/9247/2023

Case brief

AI extract

What is this about?

Single judge dismissed the Sec. 482 application for quashing proceedings as not pressed. The court directed that if applicants surrender and apply for bail within two weeks, it shall be decided expeditiously without coercive action till then.

What did the court decide?

Prayer for quash dismissed; direction to allow bail application if surrendered within two weeks without coercive action.

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

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 9247 of 2023

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Applicant :- Somaru And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jyoti Bhushan 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 Jyoti Bhushan, 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 Somaru, Smt. Foolmati alias Sonmati, Suman, Smt. Shyam Dulari@Ram Dulari, Smt. Vidhya, with the prayer to quash the entire proceeding of Case No. 1374 of 2023, State vs. Somaru and others, in Case Crime No. 344 of 2022, under Sections 34, 323, 504, 506, 308 I.P.C., P.S. Mehnagar, District Azamgarh, pending in the court of Additional Chief Judicial Magistrate, Court No.24, Azamgarh as well as cognizance order dated 2.2.2023 passed by Additional Chief Judicial Magistrate, Court No.24, Azamgarh in the said case and the entire proceedings of charge sheet dated 16.12.2022 submitted in Case Crime No. 344 of 2022, under Sections 34, 323, 504, 506, 308 I.P.C., P.S. Mehnagar, District Azamgarh and with the further prayer to stay the further proceedings of aforesaid case, cognizance order and charge sheet.

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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. He further states that the applicants shall raise all the questions/objections before the trial court.

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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

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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. 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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(Samit Gopal,J.)

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Order Date :- 28.3.2023 #Naresh#

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

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

Case brief

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

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