Disposed

Manish @ Monu Kumar v. State of U.P. and Another

Allahabad HC14 Mar 2023A482/5566/2023

Case brief

AI extract

What is this about?

Application filed to quash criminal proceedings. Applicant abandoned quashing prayers and sought protection to surrender. Court directed immunity from arrest for six weeks and expeditious bail hearing below.

What did the court decide?

Direction to applicant to surrender within six weeks; protection from arrest during this period; direction to lower courts to decide bail expeditiously.

Manish @ Monu Kumar Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 5566 of 2023

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Applicant :- Manish @ Monu Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Mishra,Pradeep Kumar Sharma

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Counsel for Opposite Party :- G.A.,Arun Kumar Singh

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the applicant, learned A.G.A. 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 entire proceedings of Complaint No. 491 of 2019 (Sanchi Bharti Vs. Manish @ Monu Kumar), under Sections 498A, 323, 504 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Mawana, District Meerut, pending in the court of Judicial Magistrate, Mawana, Meerut as well as summoning order dated 21.10.2022.

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At the very outset learned counsel for the applicant gave up his challenge to the aforesaid summoning order and entire proceedings of complaint case 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 them on merits and want to surrender before the concerned court below, he has no objection in granting protection to them 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,

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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. Order Date :- 14.3.2023 Abhishek Singh

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Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad

Manish @ Monu Kumar v. State of U.P. and Another

Case brief

What is this about?

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Manish @ Monu Kumar v. State of U.P. and Another

Case brief

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