Dismissed

Maladhari v. State of U.P. and 3 Others

Allahabad HC22 Aug 2023A482/30641/2023

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. application seeking quashing of proceedings, the applicant gave up the substantive challenge and requested protection to surrender. The court refused the relief sought but directed non-bailable warrants to be kept in abeyance for three weeks to allow for surrender and expedited bail consideration.

What did the court decide?

Non-bailable warrant kept in abeyance for three weeks; applicant directed to surrender; bail application to be disposed expeditiously.

Maladhari Vs State of U.P. and 3 Others — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:168446

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 30641 of 2023

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Applicant :- Maladhari Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Deepak Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant; learned A.G.A. for the State and perused the material placed on record.

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The present 482 Cr.P.C. application has been filed to quash the arrest warrant dated 24.04.2023 as well as entire proceedings of Case Crime No. 213 of 2013, under Sections 419, 420, 467, 471 I.P.C., P.S. Tharwai, district Prayagraj, pending before the Additional Chief Judicial Magistrate V, Prayagraj.

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At the outset learned counsel for the applicant gave up his challenge to the aforesaid charge sheet, Non-bailable warrant 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 three weeks from today and in case he applies for bail, the bail application of the applicant shall be disposed of expeditiously by

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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 three weeks from today or till the time of surrender of the applicant before the concerned Court below, whichever is earlier, non-bailable warrant shall be kept in abeyance.

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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 :- 22.8.2023 Meenu Singh

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Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad

Maladhari v. State of U.P. and 3 Others

Case brief

What is this about?

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Maladhari v. State of U.P. and 3 Others

Case brief

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