Disposed

Jawahar and Others v. State of U.P. and Another

Allahabad HC2 May 2023A482/9694/2005

Case brief

AI extract

What is this about?

The applicant withdrew their challenge to the summoning order. The court directed surrender within four weeks and ordered expedited bail disposal per Satender Kumar Antil guidelines. No coercive action is permitted during this period.

What did the court decide?

Direction to surrender within four weeks; no coercive action during this period; bail to be disposed of expeditiously.

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

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 9694 of 2005

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Applicant :- Jawahar And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Chaturvedi,Kamal Kishor Mishra

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. K.K. Mishra, learned counsel for the applicants and the learned A.G.A. 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 to stay the proceeding of Complaint Case No.483 of 2003 (Saudan Vs. Madho Hari and others), under Sections 147, 323, 504, 506 I.P.C. & Secton 3(1)(X)(XIV) of the SC/ST Act.

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Initially by order dated 23.07.2005, protection was granted to the applicants. As per office report, no counter affidavit has been filed till date.

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After arguing the matter at length, learned counsel for the applicants gave up his challenge to the aforesaid impugned summoning order and entire proceedings against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction at the outset may be issued to the concerned courts below to consider and decide the bail application of the applicants expeditiously.

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Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and want to surrender before the concerned court below, he has no objection in granting protection to them for a short period.

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In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within four weeks from today and in case apply for bail, the bail application of the applicants shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another,

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reported in (2021) 10 SCC 773 .

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For a period of four weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.

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With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 2.5.2023 Rahul.

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Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad

Jawahar and Others v. State of U.P. and Another

Case brief

What is this about?

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Jawahar and Others v. State of U.P. and Another

Case brief

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