Allahabad High Court
Tahsildar And 3 Others vs State Of U.P. And Another on 19 March, 2021
Author: Y.K.Srivastava
Bench: Yogendra Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 84 Case :- APPLICATION U/S 482 No. - 3971 of 2021 Applicant :- Tahsildar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dwijendra Prasad Counsel for Opposite Party :- G.A. Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Dwijendra Prasad, learned counsel for the applicants and Ms. Rachna Tiwari, learned AGA for the State-opposite party no. 1 and perused the record.
This application under Section 482 CrPC has been filed by the applicants to quash the entire criminal proceedings as well as impugned charge sheet dated 2.8.2020 in Case No. 8316 of 2020 in Case Crime No. 106 of 2020 under Sections 323, 504, 506, 452, 324 and 325 IPC, P.S.- Fariha, District- Firozabad, pending before Additional Chief Judicial IInd Shikohabad, District Firozabad.
Learned counsel for the applicants, at the very outset, has fairly submitted that the necessary grounds for invoking the inherent powers of this Court under Section 482 CrPC have not been made out in the facts of the present case. Accordingly, he does not wish to press his prayer as made in the application.
In view of the above, the relief as sought in the instant application is refused.
At this stage counsel for the applicants makes a submission that the applicants are ready to submit to the jurisdiction of the concerned court, seek bail and accept all the conditions which the court may deem fit to impose upon them. The only prayer made by the learned counsel for the applicants is that the bail application may be heard expeditiously.
Considering the aforesaid alternative prayer made by the learned counsel for the applicants, it is provided that in case the applicants appear and surrender before the court below within 30 days from today and apply for bail, the bail application of the applicants shall be considered and decided by the concerned court taking into view the settled legal position in this regard.
For a period of 30 days from today or till the date of appearance of the applicants before the court below, whichever is earlier, no coercive action shall be taken against the applicants in the above case.
However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.
It is made clear that no application seeking extension of the aforesaid time period shall be entertained.
The application is disposed of accordingly.
Order Date :- 19.3.2021 Shalini (Dr. Y.K.Srivastava,J.)