Disposed

Manoj Kumar Vishwakarma v. State of U.P. and Another

Allahabad HC6 Nov 2023A482/37715/2023

Case brief

AI extract

What is this about?

The court considered an application under Section 482 Cr.P.C. to quash a Non-Bailable warrant and criminal proceedings. The applicant abandoned the challenge on merits, seeking protection while surrendering. The court refused the quashing prayer but granted a two-week protective direction against arrest with expedited bail disposal instructions.

What did the court decide?

The relief to quash the Non-Bailable warrant is refused. A direction is issued restraining the applicant from arrest for two weeks or until surrender.

Manoj Kumar Vishwakarma Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:212878

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 37715 of 2023

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Applicant :- Manoj Kumar Vishwakarma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bebi Naz,Suhel Ahmad 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 with a prayer to quash the Nonbailable warrant dated 24.03.2023 and proceedings of case no. 357 of 2019 (State vs. Manoj Kumar Vishwakarma) arising out of case crime no. 158 of 2018, under Sections 279, 337, 338 I.P.C. at Police Station Ghoorpur, District Prayagraj pending in the court of J.M. IIIrd, Allahabad.

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At the outset learned counsel for the applicant gave up his challenge to the aforesaid impugned Nonbailable warrant 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. 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 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, reported in 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 :- 6.11.2023 Saurabh

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

Manoj Kumar Vishwakarma v. State of U.P. and Another

Case brief

What is this about?

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Manoj Kumar Vishwakarma v. State of U.P. and Another

Case brief

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