Disposed

Sushil Kumar Mishra and 4 Others v. State of U.P. and Another

Allahabad HC30 Aug 2024A482/28634/2024

Case brief

AI extract

What is this about?

Applicant sought quashing of chargesheet and stays of warrants. Court allowed applicants liberty to surrender and file bail application within three weeks, staying only the non-bailable warrant during this period. Application disposed of with these conditions.

What did the court decide?

Liberty granted to surrender and file bail application within three weeks; non-bailable warrant stayed for this period.

Sushil Kumar Mishra and 4 Others vs State of U.P. and… — Quashing and FIR | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:139844

¶2

Court No. - 69

¶3

Case :- APPLICATION U/S 482 No. - 28634 of 2024

¶4

Applicant :- Sushil Kumar Mishra And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arvind Singh Patel,Ashutosh Kumar Singh Counsel for Opposite Party :- G.A.

¶5

Hon'ble Shree Prakash Singh,J.

¶6

Heard learned counsel for the applicants,learned A.G.A. for the State-opposite parties and perused the record.

¶7

The instant application under section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the impugned chargesheet dated 31-12-2020 in Case No. 504 of 2021(State Vs Sushil Kumar Mishra and Others) under sections 147,148,323,504,506,452 of I.P.C., Police Station-Meja, District-Prayagraj as well as impugned cognizance and summoning order dated 19-07-2021, bailable warrant dated 14-092022 and non bailable warrant dated 13-08-2024 passed in Case No. 504 of 2021(State Vs Sushil Kumar Mishra and Others) under sections 147,148,323,504,506,452 of I.P.C., Police StationMeja, District-Prayagraj, arising out of Case Crime No. 213 of 2020, under sections 147,148,323,504,506,452 of I.P.C., Police StationMeja, District-Prayagraj, pending int he court of Additional Chief Judicial MJagistrate-X,Allahabad.

¶8

Learned counsel for the applicants submits that the present applicants due to unavoidable circumstances could not appear before the court and thereafter, Non Bailable Warrant was issued against the applicants on 13-08-2024, which is also under challenge in this application.

¶9

On the other hand, learned A.G.A. appearing for the State has vehemently opposed the contention aforesaid and submits that the applicants are using the delay-dallying tactics in the matter and as such, the applicants are not entitled for any relief.

¶10

In rejoinder, learned counsel for the applicants submits that the interest of justice would be subserved if the present applicants are permitted to surrender before the court concerned and may file bail application and the same may be directed to be considered within the stipulated period of time as may be fixed by this court.

¶11

Learned counsel further undertakes that the applicants will appear before the court below within a period of three weeks and will apply for bail.

¶12

The counsel appearing for the State has no objection to the contentions abovesaid.

¶13

In view of the aforesaid submissions, the applicants are at liberty to apply bail application within three weeks from today and if such application is filed, the same shall be considered and decided expeditiously.

¶14

For the period of three weeks, only the non-bailable warrant issued against the applicants shall remain stayed.

¶15

However, if the applicants do not appear before the court below within the aforesaid period and do not cooperate with the trial proceedings, this order shall stand revoked and no benefit of this order shall accrue to them.

¶16

The application is disposed of .

¶17

Order Date :- 30.8.2024 AKS

¶18

Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad

Sushil Kumar Mishra and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sushil Kumar Mishra and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kamla Maghar vs Union of India Thru. Intelligence Officer Officer Pankaj Dubey,N.C.B.,Lko.

Tarkeshwar Nath Mishra vs State of U.P Thru. Prin. Secy. Home Deptt. Civils Ecrt. Lko. and Another

Ajay Kumar Jha vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Kausar Ali vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko and 3 Others

Syed Mehdi Hasan vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Pinku @ Rahul Mishra and Another vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko