The High Court disposed of an application under Section 482 Cr.P.C. where the applicant abandoned the quashing of FIR and proceedings, seeking protection to surrender. The Court granted a direction for non-arrest for six weeks pending bail disposal.
Granted non-arrest for six weeks pending bail disposal in lower court.
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Court No. - 73
Case :- APPLICATION U/S 482 No. - 5064 of 2023
Applicant :- Sushil Kumar Pandey And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jeetendra Kumar Yadav,Aman Arya Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard 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 impugned charge sheet dated 15.07.2022 as well as entire proceedings of Criminal Case No. 149412 of 2022, (State Vs. Vishal Kumar and others), arising out of Case Crime No. 444 of 2021, under Sections 498-A, 323, 354, 504, 506 & 509 IPC and Sections 3/4 Dowry Prohibition Act and under Section 67 of I.T. Act, Police Station- Lalpur / Pandeypur, District- Varanasi, pending in the court of learned Chief Judicial Magistrate, Varanasi.
At the very outset learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet 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 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 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.
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, 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 :- 24.3.2023 Anurag/-
Digitally signed by :- ANURAG JAISWAL High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Satender Kumar Antil vs. Central Bureau of Investigation and AnotherReferred¶9
(2021) 10 SCC 773 · Who else cites this
1 provisions across 1 enactments
Sushil Kumar Pandey and 3 Others
Shiv Shanker Prasad
As recorded by the court registry
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