Disposed

Krishna Kumar Sharma @ Krishna Kumar v. State of U.P. and Another

Allahabad HC10 Apr 2023A482/6043/2023

Case brief

AI extract

What is this about?

The High Court dismissed the challenge to the summoning and N.B.W. orders on merits but protected the applicant for surrender by restricting coercive action for 15 days and directing the lower court to adjudicate the surrender application expeditiously.

What did the court decide?

Coercive action stayed for 15 days; direction to lower court to expedite hearing of surrender application.

Krishna Kumar Sharma @ Krishna Kumar Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 6043 of 2023

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Applicant :- Krishna Kumar Sharma @ Krishna Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Abhishek Gupta, learned counsel for the applicant and Mr. Pankaj Srivastava, 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 summoning order dated 19.08.2019 as well as order dated 16.03.2022 issuing N.B.W. against the applicant and the entire proceeding of Complaint Case No.1517 of 2022 (Jeet Singh Vs. Krishna Kumar), under Sections 420 I.P.C., Police Station-B.B. Nagar, District-Bulandshahar, pending in the Court of Civil Judge (J.D.) Court No.9, Bulandshahar.

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At the outset learned counsel for the applicant gave up his challenge to the aforesaid prayer 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 court below to consider and decide the bail application/surrender 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 file a surrender application before the concerned Court below on or before 25th April, 2023 . On receiving the surrender application, the Court concerned shall obtain instructions from the public prosecutor and fix a date for appearance/surrender of the applicant and for hearing the applicant on surrender application.

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On the date fixed by the Court concerned, the applicant will have liberty to prefer a bail application and a copy of the same be provided to the public prosecutor. In case, any such bail application is filed, the same shall be considered by the Court below along with the surrender application, on the date fixed, in accordance with law keeping in view the guidelines as laid down by the Hon'ble 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 15 days from today or till the surrender application is decided, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid 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 :- 10.4.2023 Rahul.

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Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad

Krishna Kumar Sharma @ Krishna Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Krishna Kumar Sharma @ Krishna Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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