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Allahabad High Court

Naveen Rai And 5 Others vs State Of U.P. And Another on 22 August, 2023

Author: Deepak Verma

Bench: Deepak Verma





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:168202
 
Court No. - 89
 
Case :- APPLICATION U/S 482 No. - 30488 of 2023
 
Applicant :- Naveen Rai And 5 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Chandan Upadhyay
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Deepak Verma,J.
 

1. Supplementary affidavit filed today on behalf of the applicant, is taken on record.

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

3. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the entire proceedings in Criminal Case No.215884 of 2022 arising out of Case Crime No.232 of 2020 (State vs. Naveen Rai and others), under Sections, 147, 148, 323, 308, 506 I.P.C., P.S. Lanka, District Varanasi pending before the court of Additional Chief Judicial Magistrate, Varanasi.

4. 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.

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

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

7. 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.

8. 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.

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

Order Date :- 22.8.2023/SKD