Applicants gave up challenge to charge sheet/cognizance in quashing application under Section 482 Cr.P.C. Court refused main relief but directed surrender and expedited bail disposal.
Direction to surrender within four weeks and expeditious disposal of bail application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 44
Case :- APPLICATION U/S 482 No. - 15244 of 2022
Applicant :- Surendra Kumar Pathak And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar,Niwas Kumar Gupta 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 applicants to quash the charge sheet dated 13.09.2022 and its cognizance order dated 18.10.2021 in Case No.6921 of 2021 arising out of Case Crime No.95 of 2021, under Sections 147, 323, 504, 506, 308, 325 I.P.C., P.S. Chauri, District Bhadohi.
At the outset, learned counsel for the applicants gave up his challenge to the aforesaid impugned charge sheet, cognizance 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 :- 21.6.2022 Meenu
Digitally signed by MEENU SINGH Date: 2022.06.22 11:47:27 IST Reason: Location: High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherExplained¶10
Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922 · Who else cites this
1 provisions across 1 enactments
Surendra Kumar Pathak and 4 Others
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
