The High Court refused relief under Section 482 CrPC as applicants surrendered. It directed surrender within four weeks and expeditious disposal of bail following Supreme Court guidelines in Satender Kumar Antil case.
Refusal of quashing relief; direction to surrender within four weeks and dispose bail expeditiously.
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Court No. - 44
Case :- APPLICATION U/S 482 No. - 15303 of 2022
Applicant :- Dharmendra And Another Opposite Party :- State Of U.P And Another Counsel for Applicant :- Pradeep Kumar 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 31.07.2016, Cognizance order dated 07.11.2019 passed by the A.C.J.M. 10 Fatehpur as well as entire proceeding of Crl. Case No.13148 of 2019 (State Vs. Dharmendra and others) arising out of Case Crime No. 188 of 2016, under Sections 308, 323, 504, 506 I.P.C., P.S. Khaga, District Fatehpur.
At the outset, learned counsel for the applicants gave up his challenge to the aforesaid impugned 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 :- 22.6.2022 Meenu
Digitally signed by MEENU SINGH Date: 2022.06.24 10:59:01 IST Reason: Location: High Court of Judicature at Allahabad
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Satender Kumar Antil Vs. Central Bureau of Investigation and anotherReferred¶10
2021 SCC Online SC 922 · Who else cites this
1 provisions across 1 enactments
Dharmendra And Another
Deepak Verma
As recorded by the court registry
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