Applicants withdrew challenge to summoning order but requested protection while filing bail. Single judge ordered surrender within four weeks and directed non-arrest pending bail disposal following guidelines.
Applicants granted protection from arrest for four weeks pending bail disposal after ordering surrender before lower court.
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Court No. - 77
Case :- APPLICATION U/S 482 No. - 22121 of 2022
Applicant :- Shikendar Singh And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjeev Kumar,Rakesh Kumar Rathore
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 23.11.2021 passed by Additional Civil Judge (JD)/Judicial Magistrate, Court No.24 Etah in Complaint Case No.5002 of 2020 (Sonveer Singh Vs. Shikendar Singh and Others), under Sections 406, 504, 506 of IPC Police Station- Jasrathpur, District- Etah, pending in the Court of Additional Civil Judge (JD)/Judicial Magistrate, Court No.24 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 :- 23.2.2023 S.K.
Digitally signed by :- SWEETY KANOJIA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicants should be granted protection from arrest pending bail decision after giving up their challenge to the summoning order.
Colour shows how this judgement treated each authority
Satender Kumar Antil vs. Central Bureau of Investigation and AnotherExplained¶11
_Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773._ · Who else cites this
Shikendar Singh and 6 Others
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
