Disposed

Uma Shankar @ Uma Shankar Mishra and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC30 Aug 2024/7566/2024

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 CrPC seeking quashing of proceedings. The court granted liberty to the applicants to file bail and discharge applications in the trial court, directing that these be decided expeditiously and restraining the police from coercive action for 30 days.

What did the court decide?

Liberty to file bail and discharge applications expeditiably and directed police to refrain from coercive action for 30 days.

Uma Shankar @ Uma Shankar Mishra and… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:59158

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 7566 of 2024 Applicant :- Uma Shankar @ Uma Shankar Mishra And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Vayu Nandan Mishra,Diwakar Prasad Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Supplementary affidavit filed today, is taken on record.

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Heard learned counsel for the applicants and learned AGA for the State as well as perused the record.

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The present application has been filed for the following main relief:-

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"The Applicants named above most respectfully begs to submit that the for the facts, reasons and circumstances stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to Quash the entire proceeding of Case No. 4750/2024 (State Vs Uma Shankar Mishra and another) arrsing out of Charge Sheet No A38/2024 Dated 04.05.2024. filed in case crime no. 11/2024 under section 34, 323,324 504,506, and 308 I.P.C. Police Station Naveen Modern Police Thana District- Shravasti pending before the Learned Court of Additional Chief Judicial Magistrate Shravasti, as well as impugned summoned order dated 27.07.2024. passed by the Learned Court of Additional Chief Judicial Magistrate Shravasti, against the applicants in the interest of justice."

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Considering the entire facts of the case including the statement(s) of the injured witnesses, the statements of whom should not be ignored unless compelling circumstances exist, and the injuries including fracture of left parietal bone of Rahul Gyan Shukla as also the law related to quashing of criminal proceedings, on being confronted, learned counsel for the applicants has submitted that liberty may be given to the applicants to file bail application before the trial court which may be decided in view of law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351: (2022) 10 SCC 51 as also to prefer a discharge application before the court below and the same may be decided expeditiously.

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Learned AGA has no objection to the prayer made by learned counsel for the applicants.

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Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for and with a direction to the court below that if the applicants apply for bail before the Court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law.

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Liberty is also granted to the applicants to move discharge application before the court below and the same shall be decided expeditiously in accordance with law.

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Taking note of the facts of the case and also the observation made in the case of Satendra Kumar Antil (Supra), this Court is of the view that it would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today or till the applicants apply for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case.

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With the aforesaid observations, the present application is disposed of.

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Order Date :- 30.8.2024

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Jyoti/-

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Uma Shankar @ Uma Shankar Mishra and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Uma Shankar @ Uma Shankar Mishra and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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