Disposed

Kallu and 6 Others v. State of U.P. and 3 Others

Allahabad HC12 Sept 2024CRLR/2810/2024

Case brief

AI extract

What is this about?

The High Court disposed of a criminal revision challenging a summoning order under Section 319 Cr.P.C. Petitioners withdrew the challenge but sought protection to surrender. The Court directed that petitioners not be arrested for two weeks if they surrender to apply for bail, ensuring its expeditious disposal. The main revision was refused.

What did the court decide?

Direction issued that petitioners shall not be arrested for two weeks if they surrender to apply for bail, and the lower court directed to dispose of the bail application expeditiously.

Kallu and 6 Others vs State of U.P. and 3… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:149006

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Court No. - 84

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Case :- CRIMINAL REVISION No. - 2810 of 2024

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Revisionist :- Kallu And 6 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Sheetala Prasad Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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

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2-The instant Criminal Revision Under Section 397/401 of the Code of Criminal Procedure has been filed against the impugned order dated 16.03.2024 passed by learned Additional Session Judge/Special Judge (POCSO Act), Sant Kabir Nagar in Special Session Trial No. 0100 of 2018 (State vs. Brijesh Yadav) , under Sections 147, 354, 356, 323, 504, 506, 341 I.P.C., Sections 7/8 POCSO Act and Sections 3(1) (r), 3(1)(s) and 3(1)(w) of SC/ST Act, whereby the Trial Court in exercise of powers under Section 319 Cr.P.C. has allowed the application 21Kha of the first informant and summoned the revisionists as an additional accused to face trial in the above case.

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3-Learned counsel for the revisionists, after advancing his arguments at some length and putting certain query by this Court in the light of judgement of the Hon'ble Supreme Court in the case of Hardeep Singh Vs. State of Punjab and others, (2014) 3 SCC 92, gave up his challenge to the aforesaid impugned summoning order under Section 319 Cr.P.C. 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 by means of this Criminal Revision on merits and prayed that a direction may be issued to the concerned Court below to decide the bail application of the revisionists expeditiously.

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4-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 want 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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5-In view of the above, the relief as sought by the revisionists in the instant Criminal Revision is refused.

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6-However, considering the aforesaid alternative prayer made by learned counsel for the revisionists, it is directed that if the revisionists surrender/appear before the concerned Court below within two weeks from today and apply for bail, the bail application of the revisionists shall be considered and disposed of expeditiously by the concerned 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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7-For the period of two weeks from today or till the time of surrender of the revisionists before the concerned Court below, whichever is earlier, they shall not be arrested in the above case.

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8-With the above observations and directions, this Criminal Revision under Section 397/401 Cr.P.C. stands disposed of .

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Order Date :- 12.9.2024 Saurabh

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

Kallu and 6 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Kallu and 6 Others v. State of U.P. and 3 Others

Case brief

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What did the court decide?

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