The High Court disposed of a Section 482 application where the applicant withdrew the quashing prayer but sought protection barring arrest for a short period from the Supreme Court's guidelines.
Protection against arrest for four weeks; direction for expeditious disposal of bail application.
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Court No. - 45
Case :- APPLICATION U/S 482 No. - 43641 of 2022
Applicant :- Shamsuddin Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceeding of Complaint Case No. 164115 of 2021 (Ajay Kumar Rajbhar Vs. Viran @ Virendra Raj and others), under sections 325, 427, 452 IPC, Police Station Tiwaripur, District Gorakhpur including the impugned summoning order dated 24.08.2022 passed by the court of Addl. Chief Judicial MagistrateII, Gorakhpur pending in the court of learned ACJM-II, Gorakhpur.
After arguing the matter, learned counsel for the applicant gave up his challenge to the entire proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. 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 of the applicant expeditiously.
Learned A.G.A. for the State 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 applicants, it is directed that the applicants shall surrender before the concerned court below within four weeks from today and in case he apply for bail, the bail application of the applicant shall be disposed of expeditiously by the court 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 a 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 aforesaid case.
With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of .
Order Date :- 21.2.2023 Arti
Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Satender Kumar Antil vs. Central Bureau of InvestigationDistinguished¶9
Satender Kumar Antil vs. Central Bureau of Investigation and Another, (2021) 10 SCC 773 · Who else cites this
Shamsuddin Khan
State of U.P.
Manju Rani Chauhan
As recorded by the court registry
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