The court disposed of an application under Section 482 Cr.P.C. by granting protection against coercive action while directing the applicants to file a surrender application in the court below within four weeks.
No coercive action for four weeks; direction to file surrender application in the court below.
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Court No. - 68
Case :- APPLICATION U/S 482 No. - 13262 of 2023
Applicant :- Algoo Yadav And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sheo Mani Yadav Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Sheo Mani Yadav, learned counsel for the applicants and Mr. K.P. Pathak, learned A.G.A. 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 29.10.2022 as well as summoning order dated 18.08.2018 passed by Additional Civil Judge (S.D.)/A.C.J.M., Mirzapur, and the entire proceeding of Complaint Case No.504 of 2018 (Sanjay Vs. Algoo Yadav and others), under Sections 323, 504, 506 I.P.C., Police StationLalgang, District-Mirzapur.
At the outset 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 court 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 surrender application before the concerned Court below on or before 9th 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 applicants and for hearing the applicants on surrender application.
On the date fixed by the Court concerned, the applicants 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 keeping in view the guidelines as laid down by the Hon'ble 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 four weeks from today or till the surrender application is decided, whichever is earlier, no coercive action shall be taken against the applicants pursuant to the non bailable warrants, in the aforesaid case.
With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 24.4.2023 Rahul.
Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherReferred¶10
(2021) 10 SCC 773 · Who else cites this
1 provisions across 1 enactments
Algoo Yadav And 2 Others
Manju Rani Chauhan
As recorded by the court registry
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