Allahabad High Court
Nirmal And 4 Others vs State Of U.P. And Another on 18 October, 2023
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:201406 Court No. - 89 Case :- APPLICATION U/S 482 No. - 34176 of 2023 Applicant :- Nirmal And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rayoof Ali Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge sheet dated 18.11.2021; cognizance order dated 26.06.2023 as well as entire proceeding of Case No. 9210 of 2023 (State Vs. Nirmal and Others) arising out of Case Crime No. 218 of 2021, under Sections 147, 148, 149, 353, 332, 336, 504, 427 I.P.C. and Section 7 Crl. Law Amendment Act, P.S. Khalilabad, District Sant Kabir Nagar, pending in the court of Chief Judicial Magistrate, Sant Kabir Nagar.
3. 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.
4. Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicants.
5. Accordingly the relief as sought by the applicants through this application is refused.
6. 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.
7. 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.
8. With the aforesaid directions, this application under Section 482 Cr.P.C. stands disposed of.
Order Date :- 18.10.2023 Meenu Singh