Virendra Tiwari and 3 Others v. State of U.P. and Another

Court No. - 93 Case :- APPLICATION U/S 482 No. - 36878 of 2023 Applicant :- Virendra Tiwari And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard Sri Akash Patel, Advocate holding brief of Sri Dhirendra Kumar Srivasta, learned counsel for the applicants, Sri Arbind Kumar, learned A.G.A for the State and perused the record.

¶2The instant application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding as well as summoning order dated 27.10.2021 including the charge sheet dated 04.09.2021 in Case No.26633 of 2021 arising out of Case Crime No.56 of 2021, under Sections 323, 504, 506, 308 IPC, Police Station - Kandwa, District Chandauli.

¶3At the very outset, learned counsel for the applicants submits that the applicants do not want to press the prayer for quashing of the proceedings. They wants to surrender before the court and apply for bail. He further submits that this Court may be pleased to direct the court concerned to consider the bail application of the applicants expeditiously within stipulated period of time as may be fixed by this Court.

¶4In view of the aforesaid submissions, the present application is disposed of with the direction that in case, the applicants surrender before the Court concerned and apply for bail within three weeks from today, their bail application shall be considered and decided expeditiously by the court below, in view of law laid down by the Apex Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another, 2021 SCC Online SC 922.

¶5For a period of four weeks from today or till disposal of bail application of applicants, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. Order Date :- 31.10.2023 A.Kr. High Court of Judicature at Allahabad