Disposed

Jaheer and 3 Others v. State of U.P. and Anothers

Allahabad HC5 Apr 2023A482/4028/2023

Case brief

AI extract

What is this about?

A special jurisdiction application under Section 482 Cr.P.C. was disposed of after the applicant withdrew the challenge to the impugned order and sought protection to surrender. The High Court granted protection and directed the lower courts to expedite the surrender hearing.

What did the court decide?

Applicants granted protection to surrender before the concerned court below within 21 days; no coercive measures to be taken during this period.

Jaheer and 3 Others Vs State of U.P. and Anothers — Criminal Trial and Appeal | Allahabad HC (2023)

¶1

Court No. - 68

¶2

Case :- APPLICATION U/S 482 No. - 4028 of 2023

¶3

Applicant :- Jaheer And 3 Others Opposite Party :- State Of U.P. And Anothers Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.

¶4

Hon'ble Mrs. Manju Rani Chauhan,J.

¶5

Heard Mr. Ravi Shankar Tripathi, learned counsel for the applicants, Mr. K.P. Pathak, learned AGA for the State and perused the record.

¶6

This application under Section 482 Cr.P.C. has been filed by the applicant to quash the order dated 04.01.2023 passed by the learned Addl. Session Judge, Court No.01, Budaun in Criminal Revision No.65/2022 (Jaheer and others vs. State of U.P. and another) whereby the revision filed by the applicants has been rejectd and the other dated 24.03.2022 passed by the learned Additional Civil Judge (JD)/Judicial Magistrate, Court No.07, Budaun in Complaint No.9481/2020 (Muntizar vs. Jaheer and others), under Sections 323, 354, 452 IPC, P.S.-Kotwali, DistrictBudaun whereby the applicants have been summoned.

¶7

At the very outset, learned counsel for the applicants gave up his challenge to the aforesaid prayer 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/surrender application of the applicants expeditiously.

¶8

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 in granting protection to them for a short period.

¶9

In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall file a surrender application before the concerned court below on or before 20th April, 2023. On receiving the surrender application, the court concerned shall obtain instructions

¶10

from the public prosecutor and fix a date for appearance/surrender of the applicant and for hearing the applicant on surrender application.

¶11

On the date fixed by the Court concerned, the applicant(s) will have liberty to prefer a bail application and a copy of the same be provided to the public prosecutor. In case, any such application is filed, the same shall be considered by the court below along with the surrender application, on the date fixed, 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) 10 SCC 773 .

¶12

For the period of 21 days from today or till the surrender application is decided, whichever is earlier, no coercive measure shall be taken against the applicants.

¶13

In case the applicant(s) does not comply with the aforesaid directions, the court below shall be free to take such measures for appearance of the applicant(s) as required under the law.

¶14

With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

¶15

Order Date :- 5.4.2023 Jitendra/-

¶16

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

Jaheer and 3 Others v. State of U.P. and Anothers

Case brief

What is this about?

What did the court decide?

Jaheer and 3 Others v. State of U.P. and Anothers

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt Gudiya @ Ruksar Vs State of U.P. and 2 Others

Raghubir Singh Vs State of U.P. and Another

Chandra Prakash and 2 Others Vs State of U.P. and Another

Shiv Gopal Jaiswal Vs State of U.P. and Another

Vineet Kumar and 2 Others Vs State of U.P. and Another

Usman and 11 Others Vs State of U.P. and Another