Applicants withdrew challenge to summoning order. Court granted interim protection from arrest for four weeks and directed expeditious disposal of bail applications.
Non-arrest protection for four weeks; direction to lower court to dispose of bail applications expeditiously.
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Neutral Citation No. - 2023:AHC:140549
Court No. - 93
Case :- APPLICATION U/S 482 No. - 19397 of 2023
Applicant :- Raghvendra @ Vikash And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ranjeet Kumar Mishra,Purnima 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 summoning order dated 21.02.2023 and entire proceedings of Complaint Case No. 369 of 2018 (Manoj Kumar Vs. Raghvendra @ Vikash & Others) passed by Judicial Magistrate, Etah for summoning the applicant Nos. 1 and 2 for trial under Sections 452, 323, 504 and 354 IPC and summoning the applicant Nos. 3, 4 and 5 for trial under Sections 452, 323, 504 IPC, Police Station- Rijor, District- Etah.
After arguing the matter at some length, learned counsel for the applicants gave up his challenge to the aforesaid impugned summoning 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 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 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 :- 14.7.2023 Shivani
Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad
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Satender Kumar Antil vs. Central Bureau of Investigation and anotherReferred¶11
(2021) 10 SCC 773 · Who else cites this
1 provisions across 1 enactments
Raghvendra @ Vikash And 4 Others
Nand Prabha Shukla
As recorded by the court registry
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