Disposed

Sachin and Another v. State of U.P. and Another

Allahabad HC1 Aug 2024CRLR/1601/2024

Case brief

AI extract

What is this about?

In a criminal revision opposing an order summoning revisionists, the revisionists abandoned the challenge on merits to seek protection to surrender. The court refused the main relief but directed surrender within ten days and expedited bail disposal.

What did the court decide?

Refused relief on merits; directed revenue to surrender within 10 days; directed bail disposal expeditiously; granted protection from arrest for 10 days or until surrender.

Sachin and Another vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:123986

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Court No. - 84

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Case :- CRIMINAL REVISION No. - 1601 of 2024

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Revisionist :- Sachin And Another Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Rajesh Chandra Jaiswal,Vikas Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the revisionists, learned Additional Government Advocate for the State and perused the record.

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The instant criminal revision under Section 397/ 401 Cr.P.C. has been preferred by the revisionists against the impugned order dated 31.01.2024 passed by learned Additional Sessions Judge, Room No. 12, Bulandshahar (State vs. Devendra and Others) arising out of Case Crime No. 64 of 2021, under Sections 323, 308, 452, 504 and 506 I.P.C., Police Station Pahasu, District Bulandshahar, whereby the application under Section 319 Cr.P.C. filed by the opposite party no. 2 for summoning them has been allowed.

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Learned counsel for the revisionists, after advancing his arguments at some length and putting certain query by the Court, gave up his challenge to the aforesaid impugned order dated 31.01.2024 against the revisionists and confined his submission requesting to grant some protection to the revisionists to surrender before the concerned court below. Learned counsel for the revisionists further stated at the Bar that he is not pressing any other prayer made in this revision on merits and prayed that a direction may be issued to the concerned court below to consider and decide the bail application of the revisionists expeditiously.

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Learned A.G.A. for the State of U.P. submits that in case the revisionists are not pressing the relief as sought for by them on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to them for a short period.

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In view of the above, the relief as sought for by the revisionists in the instant criminal revision is hereby refused.

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However, considering the aforesaid alternative prayer made by learned counsel for the revisionists, it is directed that the revisionists shall surrender before the concerned court below within ten days' from today and in case applies for bail, the bail application of the revisionists shall be disposed of expeditiously by the court below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC Online SC 922.

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For the period of ten days' from today or till the time of surrender of the revisionists before the concerned court below, whichever is earlier, he shall not be arrested in the above case.

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With the above observations and directions, the instant criminal revision is disposed of .

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Order Date :- 1.8.2024 Saurabh

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

Sachin and Another v. State of U.P. and Another

Case brief

What is this about?

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Sachin and Another v. State of U.P. and Another

Case brief

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