Neeraj @ Neeraj Kumar Sharma and 2 Others Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

Neeraj @ Neeraj Kumar Sharma and 2 Others Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Protection from arrest for four weeks or till surrender (whichever is earlier); direction to the applicants to surrender within four weeks and, if bail is applied for, expeditious disposal of the bail application by the courts below in accordance with law and in view of the guidelines in Satender Kumar Antil vs. CBI, (2021) 10 SCC 773. The challenge to the charge sheet, cognizance order and proceedings was not pressed and no relief was granted on merits.

Issue for consideration

Whether the charge sheet dated 17.2.2022, cognizance/summoning order dated 16.6.2022 and the entire proceedings of Case No. 28462 of 2022 (arising out of Case Crime No. 451 of 2021) should be quashed/stayed. (Raised but not pressed on merits; challenge given up by counsel.) +1 more

Ratio / Principle

The applicants were directed to surrender before the concerned court below within four weeks; in case they apply for bail, the bail application shall be disposed of expeditiously by the courts below in accordance with law, keeping in view the guidelines laid down by the Apex Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.

Key takeaways

The applicants shall not be arrested in the above case for the period of four weeks from the order or till the time of their surrender before the concerned court below, whichever is earlier.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.), by order dated 19.6.2023, disposed of an application under Section 482 Cr.P.C. (Application U/S 482 No. 18925 of 2023) filed by Neeraj @ Neeraj Kumar Sharma and 2 others seeking to quash/stay the charge sheet dated 17.2.2022, the cognizance/summoning order dated 16.6.2022 and the entire proceedings of Case No. 28462 of 2022 (State of U.P. vs.Neeraj and others), arising out of Case Crime No. 451 of 2021 under Sections 447, 452, 323, 504 and 506 IPC, Police Station Goverdhan, District Mathura, pending before the Additional Judicial Magistrate, Mathura. After arguing at some length, counsel for the applicants gave up the challenge to the charge sheet, cognizance order and proceedings and did not press any other prayer on merits, confining himself to a request for protection to surrender and expeditious disposal of bail. The learned A.G.A. had no objection to short-period protection. Directing: (i) the applicants to surrender before the court below within four weeks; (ii) if bail is applied for, the bail application to be disposed of expeditiously by the courts below in accordance with law keeping in view the guidelines in Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773; and (iii) no arrest of the applicants for four weeks or till surrender, whichever is earlier. Application disposed of accordingly.

Neutral Citation No. - 2023:AHC:127313

Court No. - 47

Case :- APPLICATION U/S 482 No. - 18925 of 2023

Applicant :- Neeraj @ Neeraj Kumar Sharma And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Punya Sheel Pandey Counsel for Opposite Party :- G.A.

Hon'ble Ms. Nand Prabha Shukla,J.

Heard learned counsel for the applicants, 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 applicants to quash/stay the charge sheet dated 17.2.2022, cognizance/summoning order dated 16.6.2022 as well as entire proceedings of Case No. 28462 of 2022 (State of U.P. vs.Neeraj and others) arising out of Case Crime No. 451 of 2021 under Sections 447,452,323,504 and 506 IPC, Police Station Goverdhan, District Mathura, pending in the court of Additional Judicial Magistrate, Mathura.

After arguing the matter at some length, learned counsel for the applicants gave up his challenge to the aforesaid impugned chargesheet, cognizance order and entire proceedings against the applicants 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 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. for the State 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 surrender before the concerned court below within four weeks from today and in case apply for bail, the bail application of the applicants 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 applicants before the concerned court below, whichever is earlier, they 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 :- 19.6.2023 Akbar

Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad