Dismissed

Mohit Jaiswal and 2 Others v. State of U.P. and Another

Allahabad HC24 Mar 2023A482/9798/2023

Case brief

AI extract

What is this about?

An application under Section 482 Cr.P.C. seeking quashing of proceedings was dismissed as not pressed. The court directed that if the applicants surrender and apply for bail within 30 days, the matter shall be expeditiously disposed of; otherwise, coercive action may proceed.

What did the court decide?

Prayer for quash dismissed; if accused surrender and apply for bail within 30 days, it will be decided expeditiously.

Mohit Jaiswal and 2 Others Vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 9798 of 2023

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Applicant :- Mohit Jaiswal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay 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 Ajay Kumar Singh, learned counsel for the applicants, Sri Ankit Srivastava, 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 Mohit Jaiswal, Raj Kumar Jaiswal, M/s Raj Medical Store, Murdaha Bazar, Varanasi through its proprietor Raj Kumar Jaiswal, with the prayer to quash the entire proceedings against the applicants in Complaint Case No. 2995 of 2023, under Section 18/27 Drugs & Cosmetics Act 1940, Police Station Cholapur, Distict Varanasi, including the order dated 12.1.2023 passed by learned Chief Judicial Magistrate, Varanasi, by which he has summoned the applicants to face trial, and with the further prayer to stay the further proceedings against the applicants in said complaint case including the summoning order dated 12.1.2023.

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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 summoning order and the entire 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 the entire proceedings/ summoning 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 applicants, it is directed that if the accused-applicants surrender

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before the trial court and apply for bail within 30 days 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 :- 24.3.2023 Naresh

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

Mohit Jaiswal and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mohit Jaiswal and 2 Others v. State of U.P. and Another

Case brief

What is this about?

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What the court decided

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