Application under Section 482 Cr.P.C. filed by applicants to quash criminal proceedings was disposed of after they withdrew the challenge on merits. Court granted non-arrest order for six weeks pending bail disposal.
Non-arrest order granted for six weeks or till surrender, with direction to dispose bail application expeditiously.
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Court No. - 52
Case :- APPLICATION U/S 482 No. - 4950 of 2023
Applicant :- Arvind Yadav And 5 Othes Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hari Nath Chaubey Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard Mr. Hari Nath Chaubey, learned counsel for the applicants, learned counsel for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge sheet dated 22.06.2019 and summoning order dated 22.09.2020, under Section 147, 332, 353, 504, 506 I.P.C., as Case No. 6919 of 2020 (State Vs. Arvind Yadav and Others), pending in the Court of Chief Judicial Magistrate, Kanpur Dehat, in Case Crime No. 41 of 2019, under Sections 394, 332, 353 I.P.C., registered at Police Station Musanagar, District Kanpur Dehat.
At the very outset learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet, cognizance order and entire proceedings 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.
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, they have 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 surrender before the concerned court below within six 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 six weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, they 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 :- 9.2.2023 SK Srivastava
Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Whether to quash charge sheet and summoning order filed under Section 482 Cr.P.C.
Whether to grant protection from arrest pending bail consideration after applicants withdrew their challenge on merits.
Colour shows how this judgement treated each authority
Satender Kumar Antil vs. Central Bureau of Investigation and AnotherReferred¶10
Satender Kumar Antil vs. Central Bureau of Investigation and Another
1 provisions across 1 enactments
Arvind Yadav And 5 Othes
State of U.P.
Shiv Shanker Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
