Pavnesh Yadav and 2 Others Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

Pavnesh Yadav and 2 Others Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Applicants to surrender before the concerned court below within two weeks; interim protection from arrest for two weeks or till surrender, whichever is earlier; direction to the courts below to dispose of the bail application expeditiously in accordance with law keeping in view the guidelines in Satender Kumar Antil vs Central Bureau of Investigation and another (2021 SCC Online SC 922).

Issue for consideration

Whether the charge sheet dated 6.9.2021, cognizance order dated 7.10.2022 and the entire proceedings of Criminal Case No.937 of 2022 arising out of Case Crime No.100 of 2021 under Sections 323, 504, 452 I.P.C. should be quashed +1 more

Ratio / Principle

The applicants are directed to surrender before the concerned court below within two weeks, and if they apply for bail, the bail application shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines laid down in Satender Kumar Antil vs Central Bureau of Investigation and another.

Key takeaways

For the period of two weeks from the order or till the surrender of the applicants before the concerned court below, whichever is earlier, the applicants shall not be arrested in the above case.ratio¶12
With the above observations and directions, the application under Section 482 Cr.P.C. is disposed of.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Vivek Kumar Singh, J.) disposed of an application under Section 482 Cr.P.C. filed by Pavnesh Yadav and 2 Others seeking quashing of the charge sheet dated 6.9.2021, cognizance order dated 7.10.2022 and the entire proceedings of Criminal Case No.937 of 2022 (State Vs. Pavnesh and Others) arising out of Case Crime No.100 of 2021 under Sections 323, 504, 452 I.P.C., Police Station Bhanwarkol, District Ghazipur. Counsel for the applicants gave up the challenge to the impugned proceedings on merits and confined the prayer to protection to surrender. The Court directed the applicants to surrender before the court below within two weeks, held that they shall not be arrested 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 vs Central Bureau of Investigation and another, 2021 SCC Online SC 922.

Court No. - 92

Case :- APPLICATION U/S 482 No. - 42016 of 2022

Applicant :- Pavnesh Yadav And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satish Kumar Pandey,Pankaj Kumar Yadav

Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Heard learned counsel for the applicant, learned Additional Government Advocate for the State/opposite party no.1 and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicant for quashing of the charge sheet dated 6.9.2021, cognizance order dated 7.10.2022 and the entire proceedings of Criminal Case No.937 of 2022 (State Vs. Pavnesh and Others), arising out of Case Crime No.100 of 2021, under Sections 323, 504, 452 I.P.C., Police Station Bhanwarkol, District Ghazipur, pending in the court of Judicial Magistrate, Court No.1, Mohammadabad Ghazipur.

Learned counsel for the applicant after advancing his arguments at some length and putting certain query by the Court, gave up his challenge to the aforesaid impugned proceedings of case 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 in accordance with law.

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.

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 applies 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 :- 27.1.2023 P.S.Parihar

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