Ravindra Kumar Vs State of U.P. and Another — Corruption | Allahabad HC (2023)

Ravindra Kumar Vs State of U.P. and Another — Corruption | Allahabad HC (2023)

What the court decided

AI extract

Outcome

Interim protection: no coercive action against the applicant for three weeks from the date of the order or till surrender before the trial court, whichever is earlier; direction that on appearance/surrender within three weeks and filing of a bail application, the bail application be considered and decided expeditiously in accordance with settled law.

Issue for consideration

Whether the summoning order dated 18.04.2022 and the charge-sheet dated 24.10.2021 in criminal case no. 645 of 2022 (arising out of case crime no. 241 of 2021) under Section 7/13 of the Prevention of Corruption Act ought to be quashed under Section 482 Cr.P.C.

Court's answer

In view of counsel's submission that the application was not being pressed on merits and the applicant's willingness to appear before the trial court, the instant application u/s 482 CrPC was finally disposed of with directions.

Ratio / Principle

If the applicant appears/surrenders before the trial court within three weeks from the date of the order and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law.

Key takeaways

No coercive action shall be taken against the applicant for a period of three weeks from the date of the order or till he surrenders before the trial court, whichever is earlier.ratio¶¶11

Detailed headnote1 paragraphs

Allahabad High Court (Raj Beer Singh, J.), Application U/S 482 No. 30890 of 2023 (Neutral Citation 2023:AHC:191240), decided 5.10.2023: The applicant, allegedly a Company Commander, Home Guard, faced a charge-sheet dated 24.10.2021 and summoning order dated 18.04.2022 in criminal case no. 645 of 2022 (case crime no. 241 of 2021) under Section 7/13 of the Prevention of Corruption Act, P.S. Jalaun, district Jalaun, pending before the Special Judge (Prevention of Corruption Act), Court No. 9, Lucknow, the allegation being receipt of Rs. 100/- from a home guard constable. Counsel did not press the quashing application on merits and the applicant undertook to appear before the trial court. The Court disposed of the application directing that if the applicant appears/surrenders within three weeks and applies for bail, the bail application be considered and decided expeditiously, and that no coercive action be taken against him for three weeks or till surrender, whichever is earlier.

Neutral Citation No. - 2023:AHC:191240

Court No. - 78

Case :- APPLICATION U/S 482 No. - 30890 of 2023

Applicant :- Ravindra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nand Lal Yadav,Prem Chandra Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

Heard learned counsel for the applicant, learned AGA for the State and perused material on record.

This application u/s 482 Cr.P.C. has been filed with the prayer to quash the summoning order dated 18.04.2022 as well as to quash the charge-sheet dated 24.10.2021 submitted in criminal case no. 645 of 2022, arising out of case crime no. 241 of 2021, under Section 7/13 of Prevention of Corruption Act, P.S. Jalaun, district Jalaun, pending in the court of Special Judge, (Prevention of Corruption Act), Court No. 9, Lucknow.

After arguing at some length, learned counsel for the applicant submits that he is not pressing the instant application u/s 482 CrPC on merits and submits that applicant is willing to appear before the trial court and thus, some interim protection may be granted so that the applicant may appear before the trial court and seek bail. It was pointed out that the mere allegation against the applicant is that while working as Company Commander, Home guard, he has taken an amount of Rs. 100/- from one home guard constable.

Learned AGA for the State has opposed the application.

In view of the aforesaid, after considering the submissions of learned counsel for the parties and facts of the matter, the instant application u/s 482 CrPC is finally disposed of with direction that

in case, applicant appears/surrenders before the trial court within a period of three weeks from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law. For a period of three weeks from today or till the applicant surrenders before the trial court, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case.

The instant application under Section 482 Cr.P.C. is disposed of accordingly.

Order Date :- 5.10.2023 Anand

Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad