Applicant conceded challenge to charge sheet but sought surrender protection. Court directed surrender within four weeks and expedited bail with non-arrest cover citing Satender Kumar Antil.
Applicant directed to surrender within four weeks; no arrest during this period; bail application to be disposed expediously below.
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 28167 of 2021
Applicant :- Mainuddin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Aslam 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 24.3.2021 as well as the entire proceedings of Case No. 3599/9 of 2021 (State vs. Mainuddin and others) arising out of Case Crime No. 16 of 2021, under Sections 420, 406, 504, 506 IPC, Police Station Babri, District Shamli, pending in the court of Civil Judge, (Senior Division)/Additional Chief Judicial Magistrate, Kairana, District Shamli.
After arguing the matter at some length, learned counsel for the applicant gave up his challenge to the aforesaid impugned charge-sheet and entire 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 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 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 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 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) 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, he 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 :- 20.2.2023 Puspendra
Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant seeking surrender protection should be granted non-arrest directions pending bail disposition.
Colour shows how this judgement treated each authority
Satender Kumar Antil vs. Central Bureau of Investigation and anotherReferred¶10
Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773. · Who else cites this
1 provisions across 1 enactments
Mainuddin
State of U.P.
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
