Disposed¶12

Moti Gond and 3 Others v. State of U.P. and Another

Allahabad HC21 Feb 2023A482/4933/2023

Case brief

AI extract

What is this about?

Allahabad High Court; Section 482 Cr.P.C. quashing application; challenge to criminal proceedings abandoned/not pressed; interim protection from arrest; surrender within six weeks; expeditious disposal of bail application; guidelines of Satender Kumar Antil vs. CBI, (2021) 10 SCC 773; Case Crime No. 100 of 2021; Sections 323, 504, 325, 308 IPC; Judicial Magistrate Court No. 24, Azamgarh; order dated 21.2.2023; Shiv Shanker Prasad, J.

What did the court decide?

Interim protection from arrest for six weeks or till surrender (whichever is earlier); direction that bail applications, if filed after surrender within six weeks, be disposed of expeditiously by the courts below in accordance with law and in light of the Satender Kumar Antil guidelines. ¶12

Moti Gond and 3 Others Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether, after the applicants gave up their challenge to the criminal proceedings, protection from arrest should be granted to enable them to surrender before the court below and have their bail applications decided expeditiously.

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Court's answer

The applicants shall surrender before the concerned court below within six weeks; if they apply for bail, the courts below shall dispose of the bail applications expeditiously in accordance with law, keeping in view the guidelines laid down by the Apex Court in Satender Kumar Antil vs. Central Bureau of Investigation and Another, (2021) 10 SCC 773.

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Ratio / Principle

For the period of six weeks from the order or till the surrender of the applicants before the concerned court below, whichever is earlier, the applicants shall not be arrested in the case.

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Detailed headnote1 paragraphs

Application under Section 482 Cr.P.C. by Moti Gond and three others seeking quashing of the entire proceedings of Case Crime No. 100 of 2021 (State Vs. Moti Gond and Others) under Sections 323, 504, 325, 308 I.P.C., pending before the Judicial Magistrate, Court No. 24, Azamgarh. At the outset, counsel for the applicants gave up the challenge to the criminal proceedings and confined the prayer to protection for surrender and expeditious disposal of bail; the State (through learned A.G.A.) had no objection to short-period protection. The Court directed the applicants to surrender before the court below within six weeks, protected them from arrest for that period or until surrender (whichever is earlier), and directed that any bail application be decided expeditiously by the courts below in accordance with law, keeping in view the guidelines in Satender Kumar Antil vs. Central Bureau of Investigation and Another, (2021) 10 SCC 773. The application was disposed of accordingly. (Order dated 21.2.2023, Hon'ble Shiv Shanker Prasad, J.)

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Court No. - 52

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Case :- APPLICATION U/S 482 No. - 4933 of 2023

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Applicant :- Moti Gond And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nitin Chandra Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicants to quash the entire proceedings of Case Crime No. 100 of 2021 (State Vs. Moti Gond and Others), under Sections 323, 504, 325, 308 I.P.C., pending in the court of Judicial Magistrate, Court No.24, Azamgarh

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At the very outset learned counsel for the applicants gave up his challenge to the entire proceedings of criminal case against the applicants 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 courts below to consider and decide the bail application of the applicants expeditiously.

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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.

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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 six weeks from today and in case apply for bail, the bail application of the applicants 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 .

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For the period of six weeks from today or till the time of surrender

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of the applicants before the concerned court below, whichever is earlier, they 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 :- 21.2.2023 Abhishek Singh

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Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad

Moti Gond and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Moti Gond and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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What the court decided

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