In a Section 482 Cr.P.C. application, the court directed applicants to file a surrender application before the lower court by April 25, 2023. The court granted a 15-day stay on coercive actions and allowed a subsequent bail application.
Direction to file surrender application by 25th April 2023; 15-day protection from coercive action.
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Court No. - 68
Case :- APPLICATION U/S 482 No. - 13182 of 2023
Applicant :- Girraj And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Munendra Nath Chaubey Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Munendra Nath Chaubey, 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 applicants to quash the Non-Bailable Warrant dated 16.02.2023 in Criminal Case No. 6391 of 2019 (State Vs. Netrapal and others) arising out of Case Crime No. 32 of 2006, under sections 420, 467, 468, 471, 120B of IPC, Police Station Kotwali Mathura, District Mathura pending in the court of Civil Judge (S.D.) F.T.C./Additional Chief Judicial Magistrate, District Mathura.
Learned counsel for the applicants submits that earlier a criminal revision was filed challenging the proceedings in which by the order dated 13.08.20210, stay order was passed by this Court. He further submits that during pendency of the aforesaid in pursuance of judgement and order passed by Hon'ble Apex Court in Criminal Appeal No. 1375-1376 of 2013 (Asian Resurfacing of Road Agency Pvt. Ltd. and another Vs. Central Bureau of Investigation) non-bailable warrants have been issued against the applicants. The counsel for the applicants at the very outset, 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 25th April, 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 15 days from today or till the surrender application is decided, whichever is earlier, no coercive action shall be taken against the applicants.
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 :- 17.4.2023 Arti
Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether to grant protection and directions for the applicants to file a surrender application before the lower court.
Colour shows how this judgement treated each authority
Asian Resurfacing of Road Agency Pvt. Ltd. and another vs. Central Bureau of InvestigationReferred¶7
Criminal Appeal No. 1375-1376 of 2013 (Asian Resurfacing of Road Agency Pvt. Ltd. and another Vs. Central Bureau of Investigation)
Satender Kumar Antil vs. Central Bureau of Investigation and anotherReferred¶10
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
Girraj And Another
Mrs. Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
