Disposed

Ankur v. State of U.P. and Another

Allahabad HC21 Nov 2023A482/42409/2023

Case brief

AI extract

What is this about?

Application seeking protection to surrender and expeditious bail disposal in a Section 138 N.I. Act matter. Applicant gave up quashing challenge; Court refused quashing but granted protection to surrender within three weeks and directed suspension of N.B.Warrant. Application disposed.

What did the court decide?

Refused quashing; granted protection for surrender within three weeks; suspended N.B.Warrant; directed courts to expedite bail application.

Ankur Vs State of U.P. and Another — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:220192

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 42409 of 2023

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Applicant :- Ankur Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar,Vinod Kumar Tirpathi 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 summoning order dated 27.04.2018, non bailable warrant dated 08.03.2021 issued against the applicant and proceedings of Complaint Case No.87 of 2018 (Chaman Singh vs.Ankur), under Section 138 Negotiable Instrument Act, P.S. Sahibabad, District Ghaziabad.

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At the outset learned counsel for the applicant gave up his challenge to the aforesaid charge sheet, 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 08.03.2021 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 :- 21.11.2023 SKD

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Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Ankur v. State of U.P. and Another

Case brief

What is this about?

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Ankur v. State of U.P. and Another

Case brief

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