Disposed

Javed and 3 Others v. State of Up and Another

Allahabad HC5 May 2025A482/37161/2024

Case brief

AI extract

What is this about?

In a Section 482 Cr.P.C. application to quash a charge-sheet, the court refused relief on merits as counsel did not press it. The court directed applicants to surrender within three weeks and ordered expedited bail hearing by lower courts, citing Satender Kumar Antil.

What did the court decide?

Relief on merits refused; direction to surrender within three weeks; bail application to be decided expeditiously by lower court.

Javed and 3 Others vs State of Up and Another — Criminal Trial and Appeal | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:70991

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Court No. - 84

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Case :- APPLICATION U/S 482 No. - 37161 of 2024

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Applicant :- Javed And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed by the applicants to quash the impugned charge-sheet dated 10.12.2023, cognizance/summoning order dated 30.01.2024 passed by the judicial Magistrate, Rampur in Case No.53 of 2024 arising out of Case Crime No.0188 of 2023 (State vs. Shavez and otherse), under Sections 341, 323, 504, 506 & 325 I.P.C., P.S.Kemari, District Rampur, pending before Civil Judge (Junior Division), Fast Track Court/Judicial Magistrate, Rampur.

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On the matter being taken up, learned counsel for the applicants have not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicants expeditiously.

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Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicants.

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Accordingly the relief as sought by the applicants through this application is refused.

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Considering the aforesaid alternative prayer of the applicants, it is directed that applicants shall surrender before the concerned Court below within three weeks from today and in case applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with law 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 three weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them.

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With the aforesaid directions, this application under Section 482 Cr.P.C. stands disposed of.

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Order Date :- 5.5.2025 SKD

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

Javed and 3 Others v. State of Up and Another

Case brief

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Javed and 3 Others v. State of Up and Another

Case brief

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