Applicants in a Section 482 Cr.P.C. application assigned the merits of their challenge against summoning order to vendor pleading for a protection order enabling them to surrender expeditiously.
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Court No. - 68
Case :- APPLICATION U/S 482 No. - 43797 of 2022
Applicant :- Mamta And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Shankar Kushwaha,Adesh Kumar Kushwaha,Archana Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Prem Shankar Kushwah, learned counsel for the applicants and Mr. K.P. Pathak, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the summoning order dated 14.04.2022 passed by Judicial Magistrate 3rd, Gorakhpur in Complaint Case No.17500 of 2021 (Govind Yadav v. Mamta and Others), under Sections 120B, 467, 468 I.P.C., Police StationCampierganj, District-Gorakhpur.
At the outset learned counsel for the applicants gave up his challenge to the aforesaid prayer and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The learned counsel for the applicants 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 applicants expeditiously.
Learned A.G.A. for the State of U.P. submits that in case the applicants are 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 applicants shall file surrender application before the concerned Court below on or before 16th May, 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 applicants and for hearing the applicants on surrender application.
On the date fixed by the Court concerned, the applicants 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 21 days from today or till the surrender application is decided, whichever is earlier, no coercive action shall be taken against the applicants pursuant to the non bailable warrants, in the aforesaid case.
With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 28.4.2023 Rahul.
Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherReferred¶11
(2021) 10 SCC 773 · Who else cites this
1 provisions across 1 enactments
Mamta And 3 Others
Manju Rani Chauhan
As recorded by the court registry
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