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Boby Alias Ravikant Sharma Vs. State of U.P.

Boby Alias Ravikant Sharma vs State of U.P.

Type Court Judgment Court Allahabad Decided Apr 01, 1999
~1 min read
https://sooperkanoon.com/case/490013

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Citation
Court
Allahabad High Court
Judge
Decided On
Case Number
Criminal Misc. Second Bail Appln. No. 722 of 1999
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

- LAND ACQUISITION ACT, 1894 [C.A. No. 1/1894]. Section 4; [Sushil Harkauli, S.K. Singh & Krishna Murari, JJ] Acquisition of land Held, Court cannot issue a Writ of Mandamus directing the State Authorities to acquire a particular land. Land acquisition is not purely ministerial act to be performed by executive No...

Key legal issue
Criminal
Acts & sections
Indian Penal Code (IPC) - Sections 120B and 302; Constitution of India - Article 211

Parties & Advocates

Appellant / Petitioner

Boby Alias Ravikant Sharma

Advocate Nalin Kumar Sharma, Adv.

Respondent

State of U.P.

Advocate A.G.A.

Legal References

Acts
Indian Penal Code (IPC) - Sections 120B and 302; Constitution of India - Article 211
Reported In
1999CriLJ2758

Excerpt

.....with the statutory provisions, perhaps even within a reasonable time frame. however, the power of the court under article 226 must necessarily stop at that. thereafter, if the decision taken by the executive is capable of challenge and, there exist appropriate legal grounds for such challenge, it may also be open to the court to quash the decision and to require reconsideration. but no direction in the nature of mandamus whether interim or final can be issued by the court under article 226 to the executive to necessarily acquire a particular area of a particular piece of land for a particular public purpose. section 4; compulsory acquisition of land powers of state government held, renewal of lease in favour of petitioners would not take away power of state government of compulsory acquisition of land. renewal of lease would at best be taken into consideration for determining quantum of compensation. - civil lines, muzaffarnagar, district muzaffarnagar shall be admitted to bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the chief judicial magistrate concerned.orderm.l. singhal, j.1. heard learned counsel for the accused applicant. the accused applicant boby alias ravikant has applied for bail under section 302/ 120b of the ipc. heard learned a.g.a. for the state.2. the right to a speedy trial implicit in article 211 of the constitution of india. the accused applicant is in jail since august, 1997. the copy of the order sheet of the case filed by the learned counsel for the accused applicant shows that not a single witness has yet been examined on be-half of the prosecution and next date fixed in the case is 3rd july, 1999.3. the accused applicant boby alias ravikant in case crime no. 290 of 1997 under section 302, 120b, ipc, p.s. civil lines, muzaffarnagar, district muzaffarnagar shall be admitted to bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the chief judicial magistrate concerned.

Full Judgment

ORDER

M.L. Singhal, J.

1. Heard learned counsel for the accused applicant. The accused applicant Boby alias Ravikant has applied for bail under Section 302/ 120B of the IPC. Heard learned A.G.A. for the state.

2. The right to a speedy trial implicit in Article 211 of the Constitution of India. The accused applicant is in jail since August, 1997. The copy of the order sheet of the case filed by the learned counsel for the accused applicant shows that not a single witness has yet been examined on be-half of the prosecution and next date fixed in the case is 3rd July, 1999.

3. The accused applicant Boby alias Ravikant in case Crime No. 290 of 1997 under Section 302, 120B, IPC, P.S. Civil Lines, Muzaffarnagar, District MuzaffarNagar shall be admitted to bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned.

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