Applicants withdrew challenge to charge-sheet and proceedings, seeking protection to surrender. Court directed non-arrest for four weeks and expedited bail hearing.
Directed non-arrest for four weeks and ordered expedited disposal of bail application.
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Court No. - 74
Case :- APPLICATION U/S 482 No. - 42670 of 2022
Applicant :- Tafijullah @ Dhodhai And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Piyush Patel,Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Pradeep Kumar, learned counsel for the applicants, Mr. Pankaj Srivastava, learned AGA for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 06.09.2018 as well as cognizance/summoning order dated 13.08.2020 and the entire proceedings of Criminal Case No.2746 of 2020 (State vs. Khaliullah Ansari @ Nate and others), arising out of Case Crime No.164 of 2018, under Sections 323, 325, 452, 504, 506, 427 IPC, Police Station-Thoothibari, District-Maharajganj, pending in the Court of Chief Judicial Magistrate, Maharajganj.
At the outset learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet, cognizance order and entire proceedings 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.
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.
In view of above, 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 four weeks from today and in case apply 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) 10 SCC 773.
For the period of four 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 :- 15.2.2023 Jitendra/-
Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad
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Satender Kumar Antil vs. Central Bureau of Investigation and anotherReferred¶10
Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 · Who else cites this
1 provisions across 1 enactments
Tafijullah @ Dhodhai And Another
Manju Rani Chauhan
As recorded by the court registry
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