Disposed

Gautam Khera and 2 Others v. State of U.P. and Another

Allahabad HC10 May 2023A482/13916/2022

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. refused on merits; protection granted to applicants for surrender (10 days/16 May 2023 without coercive action) to allow court to decide surrender/bail applications expeditiously.

What did the court decide?

Protection granted for 10 days/16 May 2023 from coercive action; liberty to file surrender application within stipulated time to be heard expeditiously.

Gautam Khera and 2 Others Vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:100834

¶2

Court No. - 68

¶3

Case :- APPLICATION U/S 482 No. - 13916 of 2022

¶4

Applicant :- Gautam Khera And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Durga Prasad Tiwari,Jitendra Rana,Vinay Prakash Shukla Counsel for Opposite Party :- G.A.,Chandranshu Gour,Divyanshu Nandan Tripathi,Utkarsh Khanna

¶5

Hon'ble Mrs. Manju Rani Chauhan,J.

¶6

Heard Mr. Jitendra Rana, learned counsel for the applicants, Mr. Utkarsh Khanna, learned counsel for the opposite party no.2 and Mr. Amit Singh Chauhan, learned A.G.A. for the State and perused the record.

¶7

This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge sheet dated 18.12.2020 as well as cognizance order dated 14.01.2021 and the entire proceeding of Case No.122 of 2021 (State Vs. Gautam Khera and others), arising out of Case Crime No.79 of 2020, under Sections 498A, 323, 504, 506, 406 I.P.C. & Section 3/4 D.P. Act, Police Station-Mahila Thana, District-Gautam Budh Nagar, pending in the Court of Civil Judge (J.D.)/F.T.C., Gautam Budh Nagar.

¶8

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.

¶9

Mr. Utkarsh Khanna, learned counsel for the opposite party no.2 has opposed the aforesaid prayer on the ground that applicants are absconding and avoiding facing trial.

¶10

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

¶11

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

¶12

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 16th 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.

¶13

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.

¶14

For the period of 10 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.

¶15

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

¶16

In case, the surrender application is not moved within the stipulated time as provided by this Court, it is open to the Court concerned to proceed in accordance with law.

¶17

Registrar (Compliance) shall inform about this order to the Court concerned for necessary information and compliance.

¶18

Order Date :- 10.5.2023 Rahul.

¶19

Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad

Gautam Khera and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Gautam Khera and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Neeraj Vs State of U.P. and Anr.

Ashok Kumar Kureel Vs State of U.P and 7 Others

Raja Sahab Bhadauriya Vs State of U.P. and Another

Satvir and 2 Others Vs State of U.P. and Another

Diwakar Arya and 2 Others Vs State of U.P. and Another

Ashtbhuja Shukla Vs State of U.P. and Another