Disposed

Navneet Tomar v. State of U.P. and Another

Allahabad HC23 Mar 2023A482/9696/2023

Case brief

AI extract

What is this about?

In this under Section 482 Cr.P.C. application, the court dismissed the prayer for quashing as not pressed. The court directed that bail be considered expeditiously if the applicant surrenders within two weeks, with no coercive action allowed pending compliance.

What did the court decide?

Directed bail application to be considered expeditiously if applicant surrenders within two weeks; no coercive action till then.

Navneet Tomar Vs State of U.P. and Another — Landlord and Tenant | Allahabad HC (2023)

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Court No. - 71 Case :- APPLICATION U/S 482 No. - 9696 of 2023

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Applicant :- Navneet Tomar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikas Kumar,Tryambak Nath Mishra 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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Supplementary affidavit filed today is taken on record.

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Heard Sri Vikas Kumar, learned counsel for the applicant, Sri Sanjay Kumar Singh, learned counsel for the State and perused the record.

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The present application U/S 482 Cr.P.C. has been filed by the applicant- Navneet Tomar with the following prayer:-

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"It is, therefore, Most Respectfully prayed that this Hon'ble Court may kindly be pleased to allow this application and quash the Non-Bailable-warrant and the proceeding U/S 82 Cr.P.C. order dated 31.01.2023 initiated impersonate thereof may be keep in abeyance Case Crime No. 142/2018, Under Section 498-A, 323, 504, 506, 354, 403 I.P.C., 7/8 POCSO Act, Police Station Mahila Thana, District Ghaziabad passed by Special Judge Pocso Act Court No.3 Ghaziabad.

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It is further prayed that this Hon'ble Court proceeding of Criminal Case Crime No. 142/2018, Under Section 498-A, 323, 504, 506, 354, 403 I.P.C., 7/8 POCSO Act, Police Station Mahila Thana, District Ghaziabad passed by Special Judge Pocso Act Court No.3 Ghaziabad pending in the court of Special Judge Pocso Act Court No.3 Ghaziabad, as well as further proceedings in pursuance thereof may be kept in abeyance during the pendecy of present case before this Hon'ble Court otherwise the applicants shall suffer irreparable loss and injury.

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And / or pass such other and further order which this Hon'ble Court may deem fit and proper in the circumstances of the instant case."

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At the very outset, learned counsel for the applicant states that the purpose of the applicant would suffice if an order is passed directing the trial court to decide the bail application of the applicant, 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.

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Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicant.

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In view of the above, the prayer for quashing of proceedings/cognizance order/charge sheet 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 applicant, it is directed that if the accused-applicant surrenders 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 applicant.

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It it clarified that if the accused-applicant does not appear before the court concerned by the said date, the court concerned shall proceed against him in accordance with law.

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The present application is disposed of.

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Order Date :- 23.3.2023 AS Rathore

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(Samit Gopal,J.)

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Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

Navneet Tomar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Navneet Tomar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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