Disposed

Krishna Prakash Yadav v. State of U.P and Another

Allahabad HC1 Mar 2023A482/42871/2022

Case brief

AI extract

What is this about?

Counsel for the applicant in a Section 482 Cr.P.C. application withdrew the merit challenge. The court directed the applicant to file a surrender application. During the interim period, no coercive action shall be taken against the applicant. The case was disposed of with directions to fix dates for surrender and bail hearing.

What did the court decide?

Applicant directed to file surrender application by 24.03.2023. No coercive action for 5 weeks or until surrender application decided.

Krishna Prakash Yadav Vs State of U.P and… — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 42871 of 2022

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Applicant :- Krishna Prakash Yadav Opposite Party :- State Of U.P And Another Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Hitesh Pachori, learned counsel for the applicant, Mr. K.P. Pathak, learned AGA for the State 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 entire criminal proceeding of Complaint Case No. 6131 of 2017 (Sunil Kumar Vs. Krishna Prakash and others) under section 420 IPC, Police Station Shahganj, Agra alongwith the summoning order dated 20.02.2018 pending in the court of Additional Chief Judicial Magistrate, Court No. 4, Agra.

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

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In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicants shall file a surrender application before the concerned court below on or before 24th March, 2023 . On receiving the surrender application, the court concerned shall obtain instructions from the public prosecutor and fix a date for appearance/surrender of the applicant(s) and for hearing the applicant(s) on surrender application.

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On the date fixed by the Court concerned, the applicant(s) will

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have liberty to prefer a bail application and a copy of the same be provided to the public prosecutor. In case, any such bail 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.

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For the period of five weeks' from today or till the surrender application is decided, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case.

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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.

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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 :- 1.3.2023 Arti

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Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad

Krishna Prakash Yadav v. State of U.P and Another

Case brief

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Krishna Prakash Yadav v. State of U.P and Another

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