Disposed

Gaurav Kumar Rajput and 2 Others v. State of U.P. and Another

Allahabad HC3 May 2023A482/12419/2023

Case brief

AI extract

What is this about?

An application under Section 482 Cr.P.C. to quash criminal proceedings was withdrawn by the applicant on merits. The High Court, considering an alternative prayer, directed the applicants to file a surrender application before the lower court by 12th May 2023 and granted no coercive action for 21 days.

What did the court decide?

Directing applicants to file surrender application before lower court by 12.05.2023; no coercive action for 21 days.

Gaurav Kumar Rajput and 2 Others Vs State of… — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 12419 of 2023

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Applicant :- Gaurav Kumar Rajput And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Dharmendra Pratap Singh, learned counsel for the applicants, Mr. K.P. Pathak, learned AGA for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant to quash the entire criminal proceedings of Crl. Case No. 35 of 2023, State Vs. Gaurav and others, relating to Case Crime No. 14 of 2022, under sections 498A, 323, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Jawan, District Aligarh as well as impugned charge sheet dated 24.06.2022 alongwith cognizance order dated 11.01.2023 passed by learned Judicial Magistrate-I, Aligarh.

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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.

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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,

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he has no objection in granting protection to them for a short period.

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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 12th 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.

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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.

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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.

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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.

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With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 3.5.2023 Arti

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Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad

Gaurav Kumar Rajput and 2 Others v. State of U.P. and Another

Case brief

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Gaurav Kumar Rajput and 2 Others v. State of U.P. and Another

Case brief

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