Court dismissed the petition to quash criminal proceedings. Directed court below to entertain surrender applications within 21 days. Granted protection from coercive measures and liberty for bail application if filed.
Protection from coercive action for 21 days; directed to file surrender application within 21 days.
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Court No. - 68
Case :- APPLICATION U/S 482 No. - 10108 of 2012
Applicant :- Govind Verma And Another Opposite Party :- State of U.P. Counsel for Applicant :- I.M. Khan Counsel for Opposite Party :- Govt.Advocate
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Mirza Ali Zulfikar, learned counsel for the applicants, Mr. K.P. Pathak, learned AGA for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant to quash the proceeding of Criminal Case No. 33 of 2012, under sections 272/273 IPC (State Vs. Govind Verma and another) pending before A.C.J.M./Rampur, Court No. 2.
After arguing at some length, learned counsel for the applicants gave up his challenge to the aforesaid prayer and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The 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/surrender 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 granting protection to them for a short period.
In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that
the applicants shall file a surrender application before the concerned court below on or before 15th May, 2023. On receiving the surrender application, the court concerned shall obtain instructions from the public prosecutor and fix a date for appearance/surrender of the applicant(s) and for hearing the applicant(s) on surrender application.
On the date fixed by the Court concerned, the applicant(s) will have liberty to prefer a bail application and a copy of the same be provided to the public prosecutor. In case, any such bail application is filed, the same shall be considered by the court below along with the surrender application, on the date fixed, 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 the period of 21 days from today or till the surrender application is decided, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.
In case the applicant(s) does not comply with the aforesaid directions, the court below shall be free to take such measures for appearance of the applicant(s) as required under the law.
With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 5.5.2023 Arti
Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether protection to be granted to applicants who have given up challenging the quashing prayer and are willing to surrender.
Colour shows how this judgement treated each authority
Satender Kumar Antil vs. Central Bureau of Investigation and anotherReferred¶11
Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773 · Who else cites this
1 provisions across 1 enactments
Govind Verma
State of U.P.
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
