Anand Prakash Gautam Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2023)

Anand Prakash Gautam Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2023)

What the court decided

AI extract

Outcome

Protection from coercive action for four weeks or until decision of the surrender application, whichever is earlier; applicant directed to file a surrender application on or before 17th May, 2023 with liberty to seek bail, to be considered along with the surrender application in accordance with law keeping in view the Satender Kumar Antil, (2021) 10 SCC 773 guidelines; application disposed of.

Issue for consideration

Whether, after the applicant gave up the prayer to quash the charge sheet and cognizance order, protection from coercive action should be granted and directions issued for his surrender and expeditious consideration of the surrender/bail application.

Court's answer

The applicant is directed to file a surrender application before the concerned court below on or before 17th May, 2023; on receiving it, the court concerned shall obtain instructions from the public prosecutor and fix a date for appearance/surrender of the applicant and for hearing him on the surrender application.

Ratio / Principle

On the date fixed by the court concerned, the applicant has liberty to prefer a bail application, a copy of which is to be provided to the public prosecutor.

Key takeaways

Any such bail application 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 laid down by the Hon'ble Apex Court in Satender Kumar Antil v. Central Bureau of Investigation and another, (2021) 10 SCC 773.ratio¶11
For four weeks from the date of the order or till the surrender application is decided, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case.ratio¶12

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Mrs. Manju Rani Chauhan, J.) disposed of an application under Section 482 Cr.P.C. by Anand Prakash Gautam, who withdrew his challenge to the charge sheet dated 30.09.2020 and the cognizance order dated 25.03.2021 passed by A.C.J.M., G.B. Nagar in Case Crime No.153 of 2020 (Sections 420, 409, 411, 467, 468, 471, 120-B IPC, Police Station Noida Sector 49, District Gautam Budhh Nagar) and sought only protection to surrender. The Court directed the applicant to file a surrender application on or before 17th May, 2023, gave him liberty to prefer a bail application to be considered along with the surrender application in accordance with law keeping in view the guidelines in Satender Kumar Antil v. Central Bureau of Investigation and another, (2021) 10 SCC 773, and ordered that no coercive action be taken against him for four weeks or until the surrender application is decided, whichever is earlier.

Court No. - 68

Case :- APPLICATION U/S 482 No. - 14984 of 2021

Applicant :- Anand Prakash Gautam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Tripathi,Ashok Kumar Tripathi,Dhirendra Pratap Singh,Vinod Kumar Tirpathi Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Mr. Amit Kumar, holding brief of Mr. Vinod Kumar Tripathi, learned counsel for the applicant and Mr. Amit Singh Chauhan, learned A.G.A. for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge sheet dated 30.09.2020 as well as cognizance order dated 25.03.2021 passed by A.C.J.M., G.B. Nagar and the entire proceeding of Case Crime No.153 of 2020, under Sections 420, 409, 411, 467, 468, 471, 120-B IPC, Police Station-Noida Sector 49, District-Gautam Budhh Nagar.

At the outset learned counsel for the applicant gave up his challenge to the aforesaid prayer 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 may be issued to the concerned court below to consider and decide the bail application/surrender application of the applicant expeditiously.

Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by him on merits and want 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 file a surrender application before the concerned Court below on or before 17th 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 applicant and for hearing the applicant on surrender application.

On the date fixed by the Court concerned, the applicant 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 applicant in the aforesaid case.

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

Order Date :- 2.5.2023 Rahul.

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