Court disposed of Section 482 Cr.P.C. application where applicant withdrew challenge against summons and surrender, directing non-arrest for 6 weeks while bail is decided expeditiously per Supreme Court guidelines.
Directive to applicant to surrender within six weeks and order for non-arrest during this period.
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Court No. - 73
Case :- APPLICATION U/S 482 No. - 5887 of 2023
Applicant :- Hakim Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kumar Ashutosh Srivastava,Nagendra Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant to quash the summoning order dated 27.06.2017 passed by Additional Chief Judicial Magistrate, Court No.4, Moradabad as well as entire proceedings of Complaint Case No. 1659 of 2022 (Old No. 3576 of 2016) (Bhopal Singh Vs. Branch Manager, Prathma Bank and others), under Section 420 I.P.C., Police Station Bhagatpur, District Moradabad.
At the very outset learned counsel for the applicant gave up his challenge to the aforesaid impugned summoning order and entire proceedings of criminal 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.
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.
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 :- 7.4.2023 Abhishek Singh
Digitally signed by :- ABHISHEK SINGH 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
Hakim Ali
State of U.P.
Shiv Shanker Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
