The court disposed of an application for protection and speedy disposal of bail. It directed the applicant to surrender within four weeks, promising no coercive action during that period and expedited disposal of bail/warrant recall.
Protection from coercive action for four weeks; direction to lower court to dispose of bail/expeditiously.
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Court No. - 90
Case :- APPLICATION U/S 482 No. - 31593 of 2022
Applicant :- Sarvesh Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Kesarwani Counsel for Opposite Party :- G.A.
Hon'ble Ram Manohar Narayan Mishra,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed to quash the non bailable warrant dated 18.8.2022 passed by Civil Judge (J.D.)/FTC, Crime against Women, Bhadohi Gyanpur arising out of Criminal Case no. 7221 of 2022 (State vs. Sarvesh Mishra and others) for the offence under Sections 323, 504, 494, 498A IPC and Section 3/4 D.P. Act, P.S. Aurai, District Bhadohi.
At the very outset, learned counsel for the applicant gave up his challenge to the entire criminal proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. Learned counsel for the applicant 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 court 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 applicant is 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 granting protection to them for a short period.
In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within four weeks from today and in case he moves application for recall of non bailable warrant or applies for bail, the application of the applicant shall be disposed of expeditiously by the court 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, reported in (2021) 10 SCC 773.
For a period of four weeks from today or till the time of
surrender of the applicant before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicant.
With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 29.9.2022 Dhirendra/
Digitally signed by DHIRENDRA KUMAR Date: 2022.09.30 10:55:04 IST Reason: Location: High Court of Judicature at Allahabad
Dhirendra Kumar
As recorded by the court registry
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