Naresh and 3 Others Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

Naresh and 3 Others Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Principal prayer to quash the summoning order and criminal proceedings refused; instead, applicants to surrender within two weeks with interim protection from arrest for two weeks or till surrender (whichever is earlier), and any bail application to be decided expeditiously by the courts below in accordance with law keeping in view the guidelines in Satender Kumar Antil v. CBI, 2021 SCC Online SC 922.

Issue for consideration

Whether the summoning order dated 17.08.2023 and the criminal proceedings in complaint case no. 445 of 2023 (Pramod Kumar vs. Naresh and others) under Sections 323, 504 I.P.C. should be quashed. +1 more

Court's answer

Since learned counsel for the applicants gave up the challenge to the summoning order and criminal proceedings and did not press any other prayer on merits, the relief sought in the application is refused.

Ratio / Principle

The applicants were directed to surrender before the concerned court below within two weeks, and on their applying for bail, the bail application is to be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines laid down by the Apex Court in Satender Kumar Antil v. CBI.

Key takeaways

For two weeks from the date of the order or until surrender, whichever is earlier, the applicants shall not be arrested in the above case.ratio¶13

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Sanjay Kumar Singh, J.) disposed of an application under Section 482 Cr.P.C. by Naresh and 3 others seeking quashing of the summoning order dated 17.08.2023 in complaint case no. 445 of 2023 (Pramod Kumar vs. Naresh and others) under Sections 323, 504 I.P.C., P.S. Chandausi, District Sambhal. Counsel gave up the quashing challenge and sought only protection to surrender; the relief sought was refused. The Court directed the applicants to surrender within two weeks, protected them from arrest for two weeks or till surrender (whichever is earlier), and directed that any bail application be disposed of expeditiously by the courts below in accordance with law keeping in view the guidelines in Satender Kumar Antil v. CBI, 2021 SCC Online SC 922.

Neutral Citation No. - 2023:AHC:222126

Court No. - 88

Case :- APPLICATION U/S 482 No. - 39502 of 2023

Applicant :- Naresh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Dwivedi Counsel for Opposite Party :- G.A.

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 and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the summoning order dated 17.08.2023 and proceedings of complaint case no. 445 of 2023 (Pramod Kumar vs. Naresh and others) , under Sections 323, 504 I.P.C., P.S. Chandausi, District Sambhal pending in the court of Judicial Magistrate/Civil Judge (J.D.), Sambhal.

At the outset learned counsel for the applicants gave up his challenge to the aforesaid impugned 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 :- 23.11.2023 Saurabh

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