Criminal revision applicant to quash proceedings and granted interim protection from arrest for surrender prior to bail adjudication.
Protection from arrest for two weeks or until surrender; expedited bail consideration directed.
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Neutral Citation No. - 2023:AHC:205920
Court No. - 88
Case :- APPLICATION U/S 482 No. - 32614 of 2023
Applicant :- Dheeraj Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A.,Shamshuddin Khan (S U Khan)
Hon'ble Sanjay Kumar Singh,J.
1-Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1, Mr. S.U. Khan, learned counsel for the opposite party no.2 and perused the record.
2-This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge-sheet dated 25.09.2022, cognizance order dated 23.06.2023 and proceedings of Session Case No. 931 of 2023 (State Versus Dheeraj and others) arising out of Case Crime No.330 of 2022, under Sections 323, 354 I.P.C. and Section 8 POCSO (Protection of Children From Sexual Offences) Act, Police StationMaudaha, District-Hamirpur, pending in the court of learned Additional District and Session Judge/Special Judge POCSO Act, Hamirpur.
3-At the outset learned counsel for the applicant gave up his challenge to the aforesaid impugned charge-sheet, cognizance 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 court below to consider and decide the bail application of the applicant expeditiously.
4-Learned A.G.A. for the State as well as learned counsel for opposite party no. 2 submit 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, they have no objection if the Court grants protection to him for a short period.
5-In view of the above, the relief as sought by the applicant in the instant application is refused.
6-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.
7-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.
8-With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 28.10.2023 Kashifa
Digitally signed by :- KASHIFA 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
Satender Kumar Antil vs Central Bureau of Investigation and another, 2021 SCC Online SC 922 · Who else cites this
Dheeraj
State Of U.P.
Sanjay Kumar Singh
As recorded by the court registry
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