Court directed applicants to surrender within six weeks and granted interim protection from arrest while their bail application in the underlying criminal case is disposed of expeditiously.
Interim protection from arrest for six weeks pending bail disposal; direction to surrender within six weeks.
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Court No. - 73
Case :- APPLICATION U/S 482 No. - 3808 of 2023
Applicant :- Ajay Yadav @ Pintu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lalta Prasad,Akhilendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 3.12.2022, cognizance order dated 3.1.2023 as well as entire proceedings of S.S.T. No. 01 of 2023, under Sections 323, 504, 506, 452 I.P.C. and Section 3(2) (Va) of SC/ST Act, Police Station Buxa, District Jaunpur, pending in the court of Special Judge SC/ST Act.
At the very outset learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet, cognizance order and entire proceedings of criminal case 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 want to surrender before the concerned court below, he has no objection in granting protection to them for a short period.
In view of above, 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 six weeks from today and in case 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) 10 SCC 773 .
For the period of six 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 :- 10.4.2023 Abhishek Singh
Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether to grant protection from arrest while the applicant's bail application is pending.
Colour shows how this judgement treated each authority
Satender Kumar Antil vs. Central Bureau of Investigation and AnotherReferred¶9
Satender Kumar Antil vs. Central Bureau of Investigation and Another, reported in (2021) 10 SCC 773 · Who else cites this
Ajay Yadav
State of U.P.
Shiv Shanker Prasad
As recorded by the court registry
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