High Court directed applicant to surrender within three weeks and ensured non-arrest pending bail consideration in a quashing application under Section 482 Cr.P.C.
Directed applicant to surrender within three weeks; non-arrest for this period; bail to be decided expeditiously.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 66
Case :- APPLICATION U/S 482 No. - 14214 of 2023
Applicant :- Vineet Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- V.K. Baranwal,Arun Kumar Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the applicant, learned counsel for the opposite party no. 2 and learned AGA for the State.
The instant application under Section 482 Cr.P.C. has been filed with a prayer to quash the order of Non-Bailable Warrant dated 25.1.2022 as well as the proceedings initiated under Section 82 Cr.P.C. dated 14.3.2023 issued by Chief Judicial Magistrate, Mirzapur in Criminal Case No. 05 of 2022 (State vs. Hasim and others) arising out of Case Crime No. 05 of 2021 under Sections 419, 420, 467, 468, 471, 120B IPC and Section 66-D of Information Technology Act, Police Station Regional Cyber Crime, District Mirzapur and further prayed to stay the aforesaid proceedings.
It has been submitted by learned counsel for the applicant that NBW dated 25.1.2023 was issued and proceedings under Sections 82 have been initiated against the accusedapplicant. The applicant is not named in the First Information Report and the investigation is still going on. It has been further submitted that the applicant has been falsely implicated in the impugned FIR on the basis of call details and due to suspicion as the applicant is friend of other coaccused Qazim Hashmi. It was also submitted that a direction at the outset may be issued to the concerned courts below to consider and decide the bail application of the applicant expeditiously.
Learned A.G.A. submits that he has no objection in granting protection to the applicant for a short period.
In view of above, considering the aforesaid prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within three weeks from today and in case applies for bail,
the bail application of the applicant shall be considered and 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) 10 SCC 773.
For the period of three 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.
With the above observations/directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 21.4.2023 Puspendra
Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Satender Kumar Antil vs. Central Bureau of Investigation and anotherReferred¶11
(2021) 10 SCC 773 · Who else cites this
2 provisions across 1 enactments
Vineet Kumar
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
