Disposed

Harvijay @ Hariom v. State of U.P. and Another

Allahabad HC1 Mar 2023A482/5096/2023

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. where the applicant withdrew the challenge to the charge sheet and cognizance order. Instead, the applicant sought protection for surrendering. The court directed the applicant to surrender within six weeks and that no arrest order be issued during this period, while directing the lower courts to dispose of the bail application ex

What did the court decide?

Directed applicant to surrender within six weeks; no arrest during this period; instructed lower courts to dispose of bail application expeditiously.

Harvijay @ Hariom Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Court No. - 52

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Case :- APPLICATION U/S 482 No. - 5096 of 2023

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Applicant :- Harvijay @ Hariom Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Gupta 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 applicant, learned counsel for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant to quash the impugned charge sheet dated 12.05.2021 as well as cognizance order dated 22.06.2021 and entire criminal proceeding of Criminal Case No. 2393 of 2021, arising out of Case Crime No. 13 of 2021, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Talgram, District Kannauj, pending in the Court of Chief Judicial Magistrate, Kannauj.

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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.

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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.

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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.

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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.

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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 :- 1.3.2023 SK Srivastava

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Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Harvijay @ Hariom v. State of U.P. and Another

Case brief

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Harvijay @ Hariom v. State of U.P. and Another

Case brief

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