Disposed

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

Allahabad HC29 Nov 2023A482/40074/2023

Case brief

AI extract

What is this about?

The applicant withdrew the challenge to the charge sheet but sought protection against arrest to surrender and expedite his bail hearing. The court refused the quashing relief but granted him two weeks' immunity from arrest to surrender and directed expedited bail disposal.

What did the court decide?

Two weeks' protection from arrest to surrender; direction for expedited disposal of bail application; rejection of quashing prayer.

Manu Kumar Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:225197

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 40074 of 2023 Applicant :- Manu Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,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 with a prayer to quash/ set aside the impugned charge sheet dated 14.06.2023, cognizance / summoning order dated 17.06.2023 as well as proceedings of Case No.4612 of 2023 (State Vs. Satyaveer Singh and others), arising out of Case Crime No.52 of 2023, under Sections 406, 420, 506, 418, 120-B IPC, Police Station Paakbada, District Moradabad, pending in the court of learned Chief Judicial Magistrate, Moradabad.

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At the outset, learned counsel for the applicant gave up his challenge to the aforesaid impugned charge sheet 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

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shall surrender before the concerned court below within two 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 two weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, he shall not be arrested in the above case.

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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 :- 29.11.2023 RKM

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

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

Case brief

What is this about?

What did the court decide?

Manu Kumar 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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