Dismissed

Awdhesh Kumar@ Chhotey Kamal v. State of U.P. and Another

Allahabad HC28 Nov 2023A482/43271/2023

Case brief

AI extract

What is this about?

In an S. 482 Cr.P.C. application to quash proceedings, the applicant withdrew the merit plea and sought protection to surrender for bail. The High Court refused to quash but granted a direction for non-arrest for two weeks or until surrender, with an instruction for expedient bail disposal.

What did the court decide?

Non-arrest granted for two weeks or until surrender; lower courts directed to dispose of bail application expeditiously.

Awdhesh Kumar@ Chhotey Kamal Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:224464

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 43271 of 2023 Applicant :- Awdhesh Kumar@ Chhotey Kamal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Kumar Singh,B.N.Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,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 with a prayer to quash the impugned summoning order dated 20.07.2023 and entire proceedings of complaint case no.1002 of 2022 (Rekhpal Versus Awadhesh Kumar @ Chhotey Kamal), under Sections 406/420 I.P.C., P.S. Chaubeypur, District Kanpur Nagar pending in the court of 1st Additional Chief Judicial Magistrate,Kanpur Dehat.

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At the outset, learned counsel for the applicant give up his challenge to the aforesaid impugned cognizance/summoning order 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 want to surrender before the concerned court below, he has no objection if the Court grants protection to them 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 two weeks from today and in case they apply for bail, the bail application of

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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 two weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, he shall not be arrested in the above case.

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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 :- 28.11.2023 RKM

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Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad

Awdhesh Kumar@ Chhotey Kamal v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Awdhesh Kumar@ Chhotey Kamal v. State of U.P. and Another

Case brief

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What the court decided

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