Disposed

Rajanesh Kumar and Another v. State of U.P. and Another

Allahabad HC28 Oct 2023A482/39634/2023

Case brief

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What is this about?

The applicant withdrew challenge to non-bailable warrant and criminal proceedings but sought protection to surrender. The High Court refused the quash but directed the warrant to remain in abeyance for three weeks while expediently deciding the bail application.

What did the court decide?

Non-bailable warrant kept in abeyance for three weeks and bail application to be disposed of expeditiously.

Rajanesh Kumar and Another Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:206048

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 39634 of 2023

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Applicant :- Rajanesh Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Girish Chandra Maurya 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 applicants to quash the non bailable warrant dated 08.07.2019 issued against the applicant and proceedings of Criminal Case No.1247 of 2015 (State Vs. Laxman Swaroop and others) arising out of Case Crime No.1053 of 2014, under Sections 452, 323, 504, 506 I.P.C., P.S. Kotwali Nagar, District Etah, pending before the court of Chief Judicial Magistrate, Etah.

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At the outset learned counsel for the applicant gave up his challenge to the aforesaid Non-bailable 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 08.07.2019 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 Meenu Singh

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Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad

Rajanesh Kumar and Another v. State of U.P. and Another

Case brief

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Rajanesh Kumar and Another v. State of U.P. and Another

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