Applicant gave up quashing a non-bailable warrant. Court refused the quashing prayer but directed its surrender and ordered abeyance of the warrant for two weeks or until surrender.
Non-bailable warrant kept in abeyance for two weeks or until surrender; applicant directed to surrender.
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Neutral Citation No. - 2023:AHC:198925
Court No. - 88
Case :- APPLICATION U/S 482 No. - 32087 of 2023
Applicant :- Balam @ Shashi Bhushan Dwivedi Opposite Party :- State of U.P. and Another Counsel for Applicant :- D.M.Tripathi Counsel for Opposite Party :- G.A.
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 and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant to quash the Non-bailable warrant dated 07.09.2022 issued against the applicant in criminal case no. 2606 of 2014 (State vs. Balam @ Shashi Bhushan Dwivedi) arising out of case crime no. 51 of 2007, under Sections 504, 506 and 447 I.P.C., Police Station Kaushambi, District Kaushambi pending in the court of Additional Chief Judicial Magistrate, Kaushambi.
At the outset learned counsel for the applicant gave up his challenge to the aforesaid order of non-bailable warrant against the applicant by contending at the Bar that he is not pressing the prayer made in this application on merits and confined his submission requesting to grant some protection to the applicant to surrender before the concerned Court below.
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, reported in 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, nonbailable warrant dated 07.09.2022 shall be kept in abeyance.
With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of .
Order Date :- 13.10.2023 Saurabh
Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Satender Kumar Antil vs Central Bureau of Investigation and anotherReferred¶12
2021 SCC Online SC 922 · Who else cites this
1 provisions across 1 enactments
Balam @ Shashi Bhushan Dwivedi
State of U.P.
Sanjay Kumar Singh
As recorded by the court registry
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