High Court deferred disposal of Section 482 Cr.P.C. application for quashing proceedings, allowing applicants surrender protection for four weeks to file bail/surrender applications expeditiously in lower court.
Protection from coercive action for four weeks; direction to file surrender application by 31.5.2023.
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Neutral Citation No. - 2023:AHC:112938
Court No. - 68
Case :- APPLICATION U/S 482 No. - 14342 of 2023
Applicant :- Vijay Raj And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Upadhyay,Narendra Deo Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Narendra Deo Shukla, learned counsel for the applicants and Mr. Amit Singh Chauhan, learned A.G.A. for the State and perused the record.
The present 482 Cr.P.C., application has been filed for quashing the charge sheet no.218/2022 dated 12.12.2022 as well as cognizance/summon order dated 14.03.2023 passed by Judicial Magistrate Ist, Bhadohi and the entire proceeding of Case No.6429 of 2023 (State Vs. Vijayraj and others), arising out of Case Crime No.267 of 2022, under Sections 323, 504, 308 I.P.C., P.S. Suriyawan, District- Bhadohi, pending in the Court of Judicial Magistrate Ist Bhadohi, Gyanpur.
After arguing the matter at length, 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 a surrender application before the concerned Court below on or before 31st 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 in the aforesaid case.
With the above observations and directions, this application under Section 482 Cr.P.C. is disposed off.
Order Date :- 23.5.2023 Rahul.
Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad
2 issues framed by the court
Whether to grant protection period for applicants to surrender pending bail application.
Whether directions may be issued regarding filing of surrender application.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. CBI and AnotherExplained¶13
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
Vijay Raj And 3 Others
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
