Disposed

Gaurishankar v. State of U.P. and Another

Allahabad HC5 Oct 2023A482/26443/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad disposed of a Section 482 application where the applicant withdrew the petition for quashing proceedings. The court granted interim protection from arrest for two weeks and directed the lower court to dispose of the bail application expeditiously following Satender Kumar Antil guidelines.

What did the court decide?

Relief for quashing refused. Interim protection from arrest granted for two weeks. Direction to lower court to dispose of bail application expeditiously.

Gaurishankar Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:191874

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 26443 of 2023

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Applicant :- Gaurishankar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jai Prakash Prasad 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 for quashing the charge sheet dated 25.12.2020, cognizance order dated 02.7.2022 as well as the entire criminal proceeding of Case No. 16029 of 2022 arising out of case crime No. 110 of 2020, under Sections 323, 308, 504 IPC, police station Nibohra, district Agra, pending in the Court of ACJM-II, Agra.

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At the outset learned counsel for the applicant gave up his challenge to the aforesaid impugned chargesheet, summoning order and impugned 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. Order Date :- 5.10.2023 Ishrat

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Digitally signed by :- MOHAMMAD ISHRAT High Court of Judicature at Allahabad

Gaurishankar v. State of U.P. and Another

Case brief

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Gaurishankar v. State of U.P. and Another

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