Applicants withdrew challenge to proceedings but sought interim protection. Court refused main relief but granted two-week suspension of arrest and directed expeditious bail disposal if applicants surrender.
Applicants granted protection against arrest for two weeks; directed to surrender; bail to be disposed expeditiously.
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Neutral Citation No. - 2023:AHC:218457
Court No. - 88
Case :- APPLICATION U/S 482 No. - 38673 of 2023
Applicant :- Radhey Shyam Pandey And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kartikey Pandey,B.S. Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
1-Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.
2-This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 19.06.2023, cognizance/summoning order dated 03.08.2023 and proceedings of Case No. 12497 of 2023 (State Vs. Radhey Shyam Pandey and others) arising out of Case Crime No. 115 of 2023, under Sections 323, 504, 506, 427 I.P.C., Police Station Dubauliya, District Basti, pending in the court of Judicial Magistrate-I, District-Basti.
3-At the outset learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet, cognizance/summoning order and impugned 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.
4-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 if the Court grants protection to them for a short period.
5-In view of the above, the relief as sought by the applicants in the instant application is refused.
6-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 .
7-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.
8-With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 17.11.2023 Kashifa
Digitally signed by :- KASHIFA High Court of Judicature at Allahabad
2 issues framed by the court
Whether to grant interim protection against arrest pending surrender for applicants who gave up challenge to charge-sheet.
Whether to direct courts below to dispose of bail application expeditiously in case of surrender.
Colour shows how this judgement treated each authority
Satender Kumar Antil vs Central Bureau of Investigation and anotherReferred¶11
Satender Kumar Antil vs Central Bureau of Investigation and another, 2021 SCC Online SC 922 · Who else cites this
1 provisions across 1 enactments
Radhey Shyam Pandey
State of U.P.
Sanjay Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
