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Documents citing Gauri Shanker Upadhyay Son Of Late Shri ... vs The State Of Uttar Pradesh Through The ... on 30 April, 2007

Keshav Chandra vs State Of U.P. And Another on 9 July, 2024

The order dated 07.02.2017 passed in Criminal Revision Defective No. 513 of 2016 (Keshav Chandra Vs. State of U.P. and Another) was challenged by the said accused before the Apex Court in SLP (Crl.) No. 4611 of 2017 and the said appeal was disposed of vide order dated 14.07.2017 observing that there is no ground to interfere with the impugned order, however, the petitioner therein was granted bail with the liberty to apply for exemption from personal appearance before the trial court. Subsequently the accused Keshav Chandra was granted bail by the court concerned vide order dated 05.09.2017.
Allahabad High Court Cites 12 - Cited by 0 - S Gopal - Full Document

Keshav Chandra And 5 Others vs The State Of U.P. And 2 Others on 8 August, 2023

3. Considering the facts and circumstances of the case, without adverting into the merits of the case, the writ petition is disposed of with a direction to the Civil Judge (Junior Division), District Jhansi to decide the application under Order 39 Rule 1 & 2 C.P.C. in O.S. No.73 of 2022 (Keshav Chandra and 5 others Vs. State of U.P. and 3 others) pending before him expeditiously, preferably within a period of six months from the date of production of a certified copy of this order without granting any unnecessary adjournment to either of the parties, if there is no other legal impediment in deciding the aforesaid case.
Allahabad High Court Cites 2 - Cited by 0 - S Srivastava - Full Document

Smt. Santosh Kumari Wife Of Late Raja Ram vs State Of U.P. on 1 June, 2007

13. The scope of Section 156(3) Cr.P.C. and the power of the Magistrate under the aforesaid section has been dealt with exhaustively in the case of Masuman v. State of U.P. and Anr. 2007 ALJ (1) 221. by this Court, After going through the various decisions of the apex court as well as of Jus court including the decision in Gulab Chand Upadhyaya (Supra) and Ram Ram Gupta (Supra) and after examining the law laid down by apex court a. well by this Court it was held in the decision that once a cognizable offence is disclosed the Magistrate is bound to direct the FIR to be registered and the after be investigated. The said judgement was even got circulated as it come to light that in for offences of murder, rape decoity, gang rape, loot, arson attempt to murder the Magistrates were refusing the prayer to get the FIR registered and in some cases where such order of registration of FIR were passed the same was stayed by the revisional courts. If the purpose of Section 156(3) is not to get the FIR these types of offences registered and investigated then what will be scope of this subsection 156(3) Cr.P.C. can not be comprehended. If the offences against human body, offences of decoity grabbing of property are not fit to be ordered for registration of FIR and investigated then what offences the Magistrates will order for registered as FIR and investigated is unthinkable. Such types of orders as the present one shows a culprit prone judicial order and are the most flagrant examples of miscarriage of justice.
Allahabad High Court Cites 21 - Cited by 3 - V Prasad - Full Document

Molahey Ram Gautam vs The State Of U.P on 8 June, 2015

Learned counsel for the applicant contends that in this case, F.I.R. has been lodged in pursuance of order passed on an application moved under Section 156(3) Cr.P.C. He adds that general role has been assigned against all the accused persons and applicant is one of them. He further contends that present F.I.R. is counter blast of previous one (Crime No.338/2004, under Sections 376-D, 506 IPC and 3(1) XII SC/ST Act) lodged by the deponent against Neeraj and others and nothing else. He adds that co-accused Keshari Kumar Upadhyay @ Keshari has already been granted bail by this Court vide order dated 29.5.2015 in Bail No. 4345 of 2015, Keshari Kumar Upadhyay @ Keshari Vs. State of U.P. He adds that case of the applicant is at par with co-accused Keshari Kumar Upadhyay @ Keshari. The applicant is in jail since 20.2.2015. There is no previous criminal history against the applicant.
Allahabad High Court Cites 4 - Cited by 0 - Full Document
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