The High Court disposed of an application under Section 482 Cr.P.C. by directing the applicant to surrender within four weeks and request expedited disposal of a bail application before the court below.
Direction to surrender within four weeks and expedite bail application disposal.
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Court No. - 52
Case :- APPLICATION U/S 482 No. - 5157 of 2023
Applicant :- Azad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhir Kumar Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard the learned counsel for the applicant and the learned A.G.A. for the State as well as perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant to quash the Non Bailable Warrants dated 23.11.2022 issued by the learned Additional Chief Judicial Magistrate, Court No. 4, Ghaziabad in Criminal Case No. 5914 of 2021, arising out of Crime No. 482 of 2010, under Sections 323, 436 I.P.C., Police Station Murad Nagar, District-Ghaziabad, pending before the Additional Chief Judicial Magistrate, Court No. 4, Ghaziabad.
At the very outset learned counsel for the applicant gave up his challenge to the aforesaid impugned non bailable warrant 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 them on merits and wants 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 four weeks from today and in case he applies for bail, the bail application of the applicant shall be disposed of expeditiously by the court below in accordance with law.
With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 13.2.2023 SK Srivastava
Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad
1 provisions across 1 enactments
Azad
State of U.P.
Shiv Shanker Prasad
As recorded by the court registry
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