Disposed

Dheerendra Yadav @ Dheeru Yadav v. State of U.P. Thru. Its Prin. Secy. Home, Lko. and Another

Allahabad HC13 Sept 2024/8243/2024

Case brief

AI extract

What is this about?

This court disposed of a Section 482 criminal application seeking quashing of proceedings under Section 506 IPC and SC/ST Act. The court granted liberty to the applicant to surrender and seek bail or discharge, ensuring expeditious disposal by the lower court, otherwise proceedings resume.

What did the court decide?

Application disposed of; proceedings in abeyance; liberty to applicant to surrender and seek bail or discharge.

Dheerendra Yadav @ Dheeru Yadav Vs… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:63529

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 8243 of 2024

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Applicant :- Dheerendra Yadav @ Dheeru Yadav Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Anurag.S.Kaalesh,J.K. Rathore Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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Present application has been filed by the applicant to quash the entire impugned criminal proceedings of Special Case No. 1338 of 2022, arising out of Case Crime No. 386 of 2021 under Section 506 IPC & Section 3(1)(Dha) of SC/ST Act as well as Charge Sheet No. 01/2021 dated 28.09.2021.

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Considering the facts of the case, as indicated including the allegations levelled in the FIR against the applicant and also the law on the issue which relates to offence indicated in the provisions of SC/ST Act, settled by the Hon'ble Apex Court in the case of Khuman Singh vs. State of Madhya Pradesh; AIR 2019 SCC 4030; Hitesh Verma vs. State of Uttarakhand and Another; AIR 2021 SC (Criminal) 522 as also the judgment dated 15.05.2024 passed by this Court in APPLICATION U/S 482 No. - 9000 of 2024 (Alka Sethi And Another vs. State of U.P. And 4 Others) and APPLICATION U/S 482 No. - 5607 of 2024 (Ram Nath Yadav vs. State of U.P. And Another), this Court finds that justice would suffice if the present application is disposed of with liberty to applicant to prefer appropriate application(s) including seeking discharge before the Court concerned, which shall be considered and decided expeditiously.

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To the aforesaid, there is no objection.

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Accordingly, the application is disposed of in following terms:-

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(i) If the applicant surrenders himself before the Court concerned within three weeks from today and prefer an appropriate application seeking bail, then, the same shall be disposed of expeditiously by the Court concerned after taking note of observations made by the Hon'ble Apex Court in the

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case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and if the applicant failed to surrender himself before the Court concerned within the aforesaid period, then in that event, the Court/authority concerned is at liberty to proceed in the matter in accordance with law. For the aforesaid period the proceedings in issue shall be kept in abeyance.

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(ii) After the aforesaid if an application seeking discharge is preferred then the same shall also be considered and and disposed of strictly in accordance with law expeditiously by the Court concerned.

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With the aforesaid observation, the application is disposed of finally.

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Order Date :- 13.9.2024 Vinay/-

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Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Dheerendra Yadav @ Dheeru Yadav v. State of U.P. Thru. Its Prin. Secy. Home, Lko. and Another

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Dheerendra Yadav @ Dheeru Yadav v. State of U.P. Thru. Its Prin. Secy. Home, Lko. and Another

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