Applicants withdrew their challenge to impugned orders but sought protection to surrender. The court refused the quash application but directed non-arrest for two weeks and expedited bail disposal per Supreme Court guidelines.
Applicants shall not be arrested for two weeks or until surrender; bail application to be disposed expeditiously.
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Neutral Citation No. - 2023:AHC:205396
Court No. - 88
Case :- APPLICATION U/S 482 No. - 35936 of 2023
Applicant :- Raju And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atmaram Nadiwal,Dinesh Kumar Yadav Counsel for Opposite Party :- G.A.,Lakshmi Kant Trigunait,Ravi Lal Gupta
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1, learned counsel for the opposite party no.2 and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 07.07.2022, cognizance/summoning order dated 31.07.2023 and proceedings of case no. 9736 of 2023 (State of U.P. vs. Raju and others) arising out of case crime no. 45 of 2022, under Sections 147, 149, 323, 506, 504, 325, 308 I.P.C., Police Station Kolhui, District Maharajganj pending in the court of Chief Judicial Magistrate, Maharajganj.
At the outset learned counsel for the applicants gave up his challenge to the aforesaid impugned chargesheet, cognizance/summoning order and criminal proceedings against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The learned counsel for the applicants 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 applicants expeditiously.
Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to them for a short period.
In view of the above, the relief as sought by the applicants in the instant application is refused.
However considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within two weeks from today and in case they apply for bail, the bail application of the applicants 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 applicants before the concerned court below, whichever is earlier, they shall not be arrested in the above case.
With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 27.10.2023 Saurabh
Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether to grant relief to quash the charge-sheet and criminal proceedings in light of the applicants withdrawing their challenge on merits.
Colour shows how this judgement treated each authority
Satender Kumar Antil vs Central Bureau of InvestigationReferred¶11
2021 SCC Online SC 922 · Who else cites this
2 provisions across 2 enactments
Raju and 4 Others
State of U.P.
Sanjay Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
