The High Court refused to quash the summoning order but directed the applicant to surrender within four weeks and for bail application to be disposed of expeditiously following Supreme Court guidelines.
Directs applicant to surrender within four weeks and seeks expeditious disposal of bail application.
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Court No. - 42
Case :- APPLICATION U/S 482 No. - 10894 of 2022
Applicant :- Dharmdev Yadav And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jai Prakash Singh,Raj Kiran Chaudhary
Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant to quash the summoning order dated 04.01.2020 passed by the judicial Magistrate Court no. 3, Varanasi, in Complaint Case No.252 of 2018, under Sections, 452, 323, 379 I.P.C., P.S. Chaubeypur, District Varanasi.
At the outset, learned counsel for the applicants gave up his challenge to the aforesaid impugned summoning order and criminal proceedings against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. Learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicants expeditiously.
Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and want to surrender before the concerned court below, he has no objection.
In view of the above, the relief as sought by the applicants in the instant application is refused.
However, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within four weeks from today and in case apply for bail, the bail application of the applicants shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as 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.
With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 13.5.2022 Meenu
Digitally signed by MEENU SINGH Date: 2022.05.13 17:47:24 IST Reason: Location: High Court of Judicature at Allahabad
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Satender Kumar Antil Vs. Central Bureau of InvestigationExplained¶11
_Satender Kumar Antil Vs. Central Bureau of Investigation_
Dharmdev Yadav
State of U.P.
Deepak Verma
As recorded by the court registry
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