Disposed

Shivam Alias Ramyagya Shukla v. State of U.P. and Another

Allahabad HC28 Oct 2023A482/39561/2023

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. for quashment of a non-bailable warrant was withdrawn on merits. Applicant sought time for surrender and disposal of bail. Court refused quashing prayer but granted protection allowing surrender within three weeks with abeyance of the warrant.

What did the court decide?

Non-bailable warrant kept in abeyance for three weeks to allow applicant to surrender; bail application expeditiously nil.

Shivam Alias Ramyagya Shukla Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:205461

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 39561 of 2023

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Applicant :- Shivam Alias Ramyagya Shukla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satyendra Narayan Singh,Shesh Narain Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,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 to quash the non bailable warrant dated 04.11.2009 passed by Addl. District Judge VII, Basti in GT No.202 of 2008, arising out of Case Crime No.1207 of 2001, under Section 3(1) of UP Gangster Act, P.S. Kotwali, District Basti.

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At the outset learned counsel for the applicant gave up his challenge to the aforesaid 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 three weeks from today and in case he 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 three weeks from today or till the time of surrender of the applicant before the concerned Court below, whichever is earlier, non-bailable warrant dated 04.11.2009 shall be kept in abeyance.

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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 :- 28.10.2023 Nitin Verma

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

Shivam Alias Ramyagya Shukla v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shivam Alias Ramyagya Shukla v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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