Applicant withdrew challenge to charge sheet but sought protection to surrender and expedite bail. Court directed arrest protection for six weeks or until surrender, mandating expeditious bail disposal.
Arrest protection for six weeks or until surrender; direction to dispose bail application expeditiously.
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Court No. - 52
Case :- APPLICATION U/S 482 No. - 4957 of 2023
Applicant :- Ram Murti Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Kumar Tripathi Counsel for Opposite Party :- G.A.,Gaurav Maurya,Rahul Jain
Hon'ble Shiv Shanker Prasad,J.
Heard learned counsel for the applicant, learned counsel for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant to quash the impugned charge sheet dated 06.05.2022 as well as cognizance order dated 03.12.2022 passed by Additional Chief Judicial Magistrate, Court No. 4, Agra and entire proceeding of Case No. 15484 of 2022 (State Vs. Ram Murti) arising out of Case Crime No. 0175 of 2022, under Sections 354(Kha), 323, 506 I.P.C., Police Station Malpura, District Agra, pending in the Court of Additional Chief Judicial Magistrate, Court No. 04, Agra.
At the very outset learned counsel for the applicant gave up his challenge to the aforesaid impugned charge-sheet, cognizance order and entire proceedings against the applicant 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 courts below to consider and decide the bail 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 want 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 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 applicant before the concerned court below, whichever is earlier, he 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 :- 15.2.2023 SK Srivastava
Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether to grant protection against arrest to the applicant while he abandons the quashing application on merits.
Colour shows how this judgement treated each authority
Satender Kumar Antil vs. Central Bureau of Investigation and AnotherReferred¶9
Satender Kumar Antil vs. Central Bureau of Investigation and Another
1 provisions across 1 enactments
Ram Murti
State of U.P.
Another
Shiv Shanker Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
