The court disposed of a Section 482 CrPC application by granting the applicant protection from arrest for four weeks or until surrender allows an expeditious bail disposal.
Protection from arrest for 4 weeks; direction for expeditious disposal of bail application.
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Court No. - 45
Case :- APPLICATION U/S 482 No. - 43368 of 2022
Applicant :- Sunil Kumar Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Lavkush Kumar Bhatt, learned counsel for the applicant, Mr. K.P. Pathak, 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 cognizance/summoning order dated 19.08.2020 and the entire proceedings of Case No.1329 of 2020 (State vs. Sunil Kumar Pal), under Sections 18/27 and 18A/28 of Drugs and Cosmetic Act, 1940, pending in the Court of Chief Judicial Magistrate, Farrukhabad.
At the outset learned counsel for the applicant gave up his challenge to the aforesaid impugned cognizance order and entire 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.
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.
In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicant shall surrender before the concerned court below within four weeks from today and in case apply 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) 10 SCC 773.
For the period of four 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.
With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of .
Order Date :- 20.2.2023 Jitendra/-
Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad
1 issue framed by the court
Whether to grant protection from arrest to the applicant while a bail application is pending in the lower court.
Colour shows how this judgement treated each authority
Satender Kumar Antil vs. Central Bureau of Investigation and anotherApplied¶9
Satender Kumar Antil vs. Central Bureau of Investigation and another (2021) 10 SCC 773 · Who else cites this
1 provisions across 1 enactments
Sunil Kumar Pal
State of U.P.
Manju Rani Chauhan
As recorded by the court registry
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