Disposed

Manish Verma @ Gaurav v. State of U.P. and Another

Allahabad HC11 Oct 2023A482/25289/2023

Case brief

AI extract

What is this about?

The High Court dismissed the prayer to quash criminal proceedings under Section 482 CrPC after the applicant withdrew the challenge. Instead, the court granted an interim non-arrest order for two weeks and directed the lower courts to dispose of the bail application expeditiously.

What did the court decide?

Interim protection against arrest for two weeks; direction to lower courts to dispose of bail application expeditiously.

Manish Verma @ Gaurav Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:195536

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 25289 of 2023

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Applicant :- Manish Verma @ Gaurav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Adit Joshi,Ankur Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge-sheet dated 01.05.2021, summoning order dated 17.06.2021 and proceedings of case no. 7431 of 2021 (State vs. Manish Verma @ Gaurav) arising out of case crime no. 0164 of 2020, under Sections 498A, 323, 504, 506 I.P.C. and Sections 3/4 Dowry Prohibition Act, Police Station Sungarhi, District Pilibhit pending in the court of Chief Judicial Magistrate, Pilibhit.

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The basic facts which are required to be stated are that the applicant is husband of opposite party no. 2- Smt. Neha Sharma. The marriage of the opposite party no. 2 with the applicant was solemnized on 19.11.2019 but on account of acrimonious relation, opposite party no. 2 lodged a first information report on 26.05.2020 under Sections 498-A, 323, 504, 506 I.P.C. and Sections 3/4 Dowry Prohibition Act against the applicant and his family members in which after culmination of investigation, charge-sheet has been submitted on 01.05.2021, on which the learned Magistrate took cognizance and summoned the applicant vide order dated 17.06.2021 to face trial.

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It is submitted by learned counsel for the applicant that on 20.05.2020, applicant has also lodged a first information report against the opposite party no. 2 and his family members under Sections 504, 506 I.P.C. registered at Case Crime No. 0157 of 2020 in

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which charge-sheet was submitted on 11.10.2020 against them and they are facing trial. The opposite party no. 2 lodged a first information report dated 26.05.2020 against the applicant on false and concocted allegations only to mount pressure upon the applicant. In fact no such incident took place as alleged by the opposite party no. 2.

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Learned counsel for the applicant, after advancing his arguments at some length and putting certain query by the Court as to whether the defene of the accused can be taken into consideration at this stage, he gave up his challenge to the aforesaid impugned charge-sheet, summoning order and criminal proceedings 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 may be issued to the concerned courts below to consider and decide the bail application of the applicant expeditiously.

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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 wants to surrender before the concerned court below, he has no objection if the Court grants protection to him for a short period.

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In view of the above, the relief as sought by the applicant in the instant application is refused.

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However 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 two weeks from today and in case applies 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 SCC Online SC 922.

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For the period of two weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, he shall not be arrested in the above case.

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

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Order Date :- 11.10.2023 Saurabh

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Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad

Manish Verma @ Gaurav v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Manish Verma @ Gaurav v. State of U.P. and Another

Case brief

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What did the court decide?

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