Application under Section 482 Cr.P.C. filed to quash a bailable warrant was disposed of. Counsel withdrew challenge to the warrant but sought protection to surrender. Court granted six-week protection from arrest pending bail disposal.
Direction that applicant shall not be arrested for six weeks or till surrender, depending on which is earlier.
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Court No. - 52
Case :- APPLICATION U/S 482 No. - 5421 of 2023
Applicant :- Suresh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Pandey,Sanjay Kumar Mishra
Counsel for Opposite Party :- G.A.
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 bailable warrant dated 04.07.2022 passed by A.C.J.M.-IX, Varanasi in Criminal Case No. 20095 of 2021 (State Vs. Suresh Kumar), under Sections 420, 467, 468, 471 I.P.C., Police Station Ram Nagar, District Varanasi.
At the very outset learned counsel for the applicant gave up his challenge to the aforesaid impugned bailable warrant 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 :- 14.2.2023 SK Srivastava
Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad
1 provisions across 1 enactments
Suresh Kumar
Shiv Shanker Prasad
Sailesh Kumar Srivastava
As recorded by the court registry
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