The High Court disposed of an application under Section 482 Cr.P.C. The applicant abandoned the quashing prayer and sought protection to surrender. The Court directed non-arrest for four weeks pending bail disposal.
Direction not to arrest the applicant for four weeks or until surrender; lower courts to dispose of bail expeditiously.
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Neutral Citation No. - 2023:AHC:127458
Court No. - 47
Case :- APPLICATION U/S 482 No. - 21943 of 2023
Applicant :- Mayank Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Daksha Yadav 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 16.06.2022, cognizance order dated 19.09.2022 as well as Non Bailable Warrant dated 24.11.2022 arising out of S.T. No. 410 of 2021 (State vs. Ray Sahab Yadav) arising out of the Case Crime No. 500 of 2021, under Sections 420, 406, 147, 452, 323, 504, 506, 354Kha I.P.C., Police Station- Naini, District- Prayagraj, pending in the Court of A.D.J., Court No. 15, Allahabad.
After arguing the matter at some length, learned counsel for the applicant gave up his challenge to the aforesaid impugned chargesheet, cognizance order and Non Bailable Warrant 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 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 surrender before the concerned court below within four weeks from today and in case apply 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, 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 :- 20.6.2023 Shivani
Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant can be granted protection from arrest upon giving up the challenge to the charge sheet and cognizance order and agreeing to surrender.
Colour shows how this judgement treated each authority
Satender Kumar Antil vs. Central Bureau of Investigation and anotherReferred¶11
(2021) 10 SCC 773 · Who else cites this
1 provisions across 1 enactments
Mayank Kumar
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
