Champa Devi Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

Champa Devi Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Main relief (quashing of the complaint proceedings) refused. By way of the alternative prayer: applicant to surrender before the concerned court below within two weeks; bail application, if made, to be disposed of expeditiously by the courts below in accordance with law and in view of the Satender Kumar Antil guidelines (2021 SCC Online SC 922); no arrest for two weeks or till surrender, whichever is earlier. Pending applications, if any, stand disposed of.

Issue for consideration

Whether the proceedings of Complaint Case No. 92 of 2018 (Phoolkumari vs. Champa Devi) against the applicant, under Sections 323, 504, 506 I.P.C. and Section 3(1)D & 3(1)Dh SC/ST (Prevention of Atrocities) Act, should be quashed. +1 more

Court's answer

Since the applicant's counsel gave up the challenge to the impugned criminal proceedings and did not press the application on merits, the relief sought in the application (quashing of the proceedings) is refused.

Ratio / Principle

The applicant is directed to surrender before the concerned court below within two weeks; if she applies for bail, the courts below shall dispose of the bail application expeditiously in accordance with law, keeping in view the guidelines laid down by the Apex Court in Satender Kumar Antil vs Central Bureau of Investigation and another, 2021 SCC Online SC 922.

Key takeaways

For the period of two weeks from the date of the order, or until the applicant surrenders before the concerned court below, whichever is earlier, she shall not be arrested in the above case.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Singh, J.), Application U/S 482 No. 10307 of 2021, decided 16.11.2023 (Neutral Citation 2023:AHC:217263). Champa Devi's application under Section 482 Cr.P.C. sought quashing of the proceedings of Complaint Case No. 92 of 2018 (Phoolkumari vs. Champa Devi), under Sections 323, 504, 506 I.P.C. and Section 3(1)D & 3(1)Dh SC/ST (Prevention of Atrocities) Act, P.S. Khutahan, District Jaunpur, pending before the Special Judge, SC/ST Act, Jaunpur. Filed in 2021, no interim stay had been granted. At the hearing, the applicant's counsel gave up the quashing challenge and confined himself to an alternative prayer for protection to surrender and expeditious disposal of bail. The Court refused the main relief, directed surrender within two weeks, ordered that any bail application be disposed of expeditiously keeping in view the guidelines in Satender Kumar Antil vs Central Bureau of Investigation and another, 2021 SCC Online SC 922, and provided that the applicant shall not be arrested for two weeks or till surrender, whichever is earlier. The application was disposed of.

Neutral Citation No. - 2023:AHC:217263

Court No. - 88

Case :- APPLICATION U/S 482 No. - 10307 of 2021

Applicant :- Champa Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kailash Nath Counsel for Opposite Party :- G.A.,Vivek Kumar Singh

Hon'ble Sanjay Kumar Singh,J.

1-Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

2-This application under Section 482 Cr.P.C. has been filed by the applicant to quash the proceedings of Complaint Case No. 92 of 2018 (Phoolkumari vs. Champa Devi) , under Sections 323, 504, 506 I.P.C. and Section 3(1)D & 3(1)Dh SC/ST (Prevention of Atrocities) Act, Police Station Khutahan, District Jaunpur pending in the court of Special Judge, SC/ST Act, Jaunpur.

3-The instant application was filed in the year 2021 but no interim stay order was granted in favour of the applicant.

4-At the outset, learned counsel for the applicant gave up his challenge to the aforesaid impugned criminal proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The 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 courts below to consider and decide the bail application of the applicant expeditiously.

5-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 him on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to him for a short period.

6-In view of the above, the relief as sought by the applicant in the instant application is refused.

7-However 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 two weeks from today and in case applies for bail, the bail application of the applicant 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, reported in 2021 SCC Online SC 922.

8-For the period of two weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, he shall not be arrested in the above case.

9-With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of . Pending applications, if any, stand disposed of.

Order Date :- 16.11.2023 Saurabh

Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad