The High Court dismissed the applicant's challenge to the charge-sheet and proceedings under S. 482 Cr.P.C., directing surrender within four weeks and expeditious disposal of the pending bail application, granting non-arrest during this period.
Refrained from arrest for four weeks or until surrender; directed expeditious disposal of bail application.
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 14226 of 2023
Applicant :- Ram Kewal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Furquan Ahmad (Alvi) Counsel for Opposite Party :- G.A.
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant application under Section 482 Cr.P.C. has been filed by the applicant to quash/stay the charge-sheet dated 15.6.2021 as well as cognizance order dated 17.11.2021 and proceedings of Case No. 15213 of 2021, arising out of Case Crime No. 390 of 2020 under Section 3/7 of Essential Commodities Act, Police Station Ghangata, District Sant Kabir Nagar, pending in the court of Chief Judicial Magistrate, Sant Kabir Nagar.
After arguing the matter at some length, learned counsel for the applicant gave up his challenge to the aforesaid impugned charge-sheet, cognizance order and entire proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction at the outset may be issued to the concerned courts below to consider and decide the bail application of the applicants expeditiously.
Learned A.G.A. submits that in case the applicant is not pressing the relief as sought for by him on merits and wants to surrender before the concerned court below, he has no objection in granting protection to him for a short period.
In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within four weeks from today and in case applies for bail, the bail application of the applicant
shall be 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 four 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
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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
Ram Kewal
Nand Prabha Shukla
As recorded by the court registry
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