Allahabad High Court
Anoop And 3 Others vs State Of U.P. And Another on 28 January, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- APPLICATION U/S 482 No. - 1682 of 2023 Applicant :- Anoop And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rohit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
List revised.
Heard Sri Rohit Kumar Singh, learned counsel for the applicants, Sri B.B. Upadhyay, learned counsel for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants Anoop, Nagendra@Karua, Narendra@Takhur and Sunil, with the following prayers :-
"It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to stay the summoning order dated 07.09.2021 passed by Judicial Magistrate, Sikandrarao, Hathras as well as further proceeding in Criminal Case No. 111 of 2021 (State vs. Anoop & others), arising out of Case Crime No. 0559 of 2021, under Sections 294, 323, 452, 504, 506, 509 I.P.C., Police Station Sikandrarao, District Hathras, pending in the court of Judicial Magistrate, Sikandrarao, District Hathras.
It is further prayed that this Hon'ble Court may graciously graciously be pleased to stay the charge sheet dated 31.01.2021 in Case Crime No. 0559 of 2021, under Sections 294, 323, 452, 504, 506, 509 I.P.C., Police Station Sikandrarao, District Hathras.
It is further prayed that this Hon'ble Court may graciously be pleased to quash the summoning order dated 07.09.2021 passed by Judicial Magistrate, Sikandrarao, Hathras as well as further proceeding in Criminal Case No. 111 of 2021 (State vs. Anoop & others), arising out of Case Crime No. 0559 of 2021, under Sections 294, 323, 452, 504, 506, 509 I.P.C., Police Station Sikandrarao, District Hathras, pending in the court of Judicial Magistrate, Sikandrarao, District Hathras.
It is further prayed that this Hon'ble Court may graciously be pleased to quash the charge sheet dated 31.01.2021 in Case Crime No. 0559 of 2021, under Sections 294, 323, 452, 504, 506, 509 I.P.C., Police Station Sikandrarao, District Hathras, during the pendencyof the present criminal misc. application before Hon'ble Court, otherwise the applicants will suffer irreparable loss and injury.
And/or pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
At the very outset, learned counsel for the applicants states that the purpose of the applicants would suffice if an order is passed directing the trial court to decide the bail application of the applicants, as expeditiously as possible. He further states that although the prayer has been made for quashing of the charge sheet, the summoning order and the proceedings of the case but he does not press the same. He further states that the applicants shall raise all the questions/objections before the trial court.
Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicants.
In view of the above, the prayer for quashing of proceedings/summoning order/charge sheet is dismissed as not pressed.
However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicants, it is directed that if the accused-applicants surrender before the trial court and apply for bail within two weeks from today, the same shall be considered and decided expeditiously in accordance with law. Till the aforesaid period, no coercive action shall be taken against the applicants.
It it clarified that if the accused-applicants do not appear before the court concerned by the said date, the court concerned shall proceed against them in accordance with law.
The present application is disposed of.
(Samit Gopal,J.) Order Date :- 28.1.2023 Naresh