Disposed

Vikas Pandey v. State of U.P. and Another

Allahabad HC16 Nov 2023A482/32732/2023

Case brief

AI extract

What is this about?

The applicant in a Section 482 Cr.P.C. application withdrew the challenge to prosecution documents and requested protection to surrender. The High Court refused the quashing prayer but granted interim protection from arrest for two weeks and directed the lower courts to decide the bail application expeditiously following Satender Kumar Antil guidelines.

What did the court decide?

Protection from arrest granted for two weeks; lower courts directed to dispose of bail application expeditiously.

Vikas Pandey Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:217442

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 32732 of 2023

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Applicant :- Vikas Pandey Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge-sheet dated 18.10.2021, cognizance order dated 03.04.2023 and proceedings of Criminal Case No. 269 of 2023 (State of U.P. Vs. Shivansh Yadav @ Chhotu Yadav and others) arising out of Case Crime No. 158 of 2021, under Sections 323, 504, 506, 307 IPC, Police Station Colonalganj, District Allahabad pending in the court of Special Chief Judicial Magistrate, Allahabad.

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At the outset, learned counsel for the applicant gave up his challenge to the aforesaid impugned chargesheet, cognizance order 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. 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 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, 2021 SCC Online SC 922.

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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.

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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 :- 16.11.2023 Shubham

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Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad

Vikas Pandey v. State of U.P. and Another

Case brief

What is this about?

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Vikas Pandey v. State of U.P. and Another

Case brief

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