Chandra Shekhar Sharma Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

Chandra Shekhar Sharma Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing relief refused as not pressed; applicant directed to surrender within two weeks; protected from arrest for two weeks or till surrender, whichever is earlier; bail application, if filed, to be disposed of expeditiously in accordance with law keeping in view the Satender Kumar Antil guidelines.

Issue for consideration

Whether the charge-sheet dated 07.02.2023, the summoning order dated 16.05.2023 and the proceedings of Case No. 1144 of 2023 (State Vs. Chandra Shekhar Sharma), arising out of Case Crime No. 72 of 2023, were liable to be quashed under Section 482 Cr.P.C. +1 more

Court's answer

The principal relief sought in the application, namely quashing of the charge-sheet, summoning order and criminal proceedings, is refused, since learned counsel for the applicant gave up that challenge and did not press any other prayer on merits.

Ratio / Principle

The applicant is directed to surrender before the concerned court below within two weeks; if he applies 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 SCC Online SC 922.

Key takeaways

For two weeks from the date of the order or until the applicant surrenders before the concerned court below, whichever is earlier, he shall not be arrested in the above case.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Singh, J.) - Application under Section 482 Cr.P.C. (No. 25882 of 2023) by Chandra Shekhar Sharma seeking quashing of the charge-sheet dated 07.02.2023, summoning order dated 16.05.2023 and proceedings of Case No. 1144 of 2023 (State Vs. Chandra Shekhar Sharma) arising out of Case Crime No. 72 of 2023, under Sections 452, 323, 504, 506 IPC, Police Station Khurja Nagar, District Bulandshahar, pending before the Additional Chief Judicial Magistrate, Khurja. Learned counsel for the applicant gave up the quashing challenge and confined the prayer to protection to surrender and expeditious disposal of bail. The main relief was refused. The applicant was directed to surrender within two weeks; he was protected from arrest for two weeks or till surrender, whichever is earlier; and his bail application, if moved, is to be disposed of expeditiously by the courts below in accordance with law keeping in view the Apex Court guidelines in Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922. Application disposed of. Order dated 22.11.2023.

Neutral Citation No. - 2023:AHC:221601

Court No. - 88

Case :- APPLICATION U/S 482 No. - 25882 of 2023

Applicant :- Chandra Shekhar Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Km Preete Counsel for Opposite Party :- G.A.,Vijay Kumar Ojha

Hon'ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1, learned counsel for the opposite party no.2 and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge-sheet dated 07.02.2023, summoning order dated 16.05.2023 and proceedings of Case No. 1144 of 2023 (State Vs. Chandra Shekhar Sharma) arising out of Case Crime No. 72 of 2023, under Sections 452, 323, 504, 506 IPC, Police Station Khurja Nagar, District Bulandshahar pending in the court of Additional Chief Judicial Magistrate, Khurja, Bulandshahar.

At the outset, learned counsel for the applicant gave up his challenge to the aforesaid impugned chargesheet, 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. 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.

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.

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

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, 2021 SCC Online SC 922.

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.

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

Order Date :- 22.11.2023 Shubham

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