The single judge quashed a challenge to a non-bailable warrant and instead granted protection, directing the applicant to surrender by March 16, 2023. Stay was granted for three weeks on the non-bailable warrant issued against him.
Directive to surrender by March 16, 2023; stay of N.B.W. for three weeks; liberty to file bail application.
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Court No. - 45
Case :- APPLICATION U/S 482 No. - 43557 of 2022
Applicant :- Raju Gupta Sahu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Praveen Kumar Singh,Riyajuddin Ansari Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Praveen Kumar Singh, learned counsel for the applicant and Mr. Rakesh Soni, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant to quash the N.B.W. order dated 20.01.2017 passed by learned A.C.J.M. Court no.2, Allahabad in Case No.623 of 2006 (State of U.P. Vs. Raju Gupta), under Section 7(1) and 16(2)(1)(C) of Prevention of Food Adulteration Act, 1954 and Rule 50(1) of the Prevention of Food Adulteration Rules, 1955, Police StationNaini, District-Allahabad.
At the 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 court below to consider and decide the bail application/surrender 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 him on merits and wants to surrender before the concerned court below, he has no objection in granting protection to him for a short period.
In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall file a surrender application before the concerned Court below on or before 16th 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 and for hearing the applicant on surrender application.
On the date fixed by the Court concerned, the applicant(s) will 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 keeping in view the guidelines as laid down by the Hon'ble 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 three weeks from today or till the surrender application is decided, whichever is earlier, the effect and operation of the non bailable warrant dated 20.01.2017, issued against the applicant, shall be kept in abeyance.
With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 28.2.2023 Rahul.
Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant's challenge to the N.B.W. should be sustained or if alternative protection for surrender should be granted.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherExplained¶10
(2021) 10 SCC 773, Satender Kumar Antil Vs. Central Bureau of Investigation and another · Who else cites this
4 provisions across 3 enactments
Raju Gupta Sahu
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
