In a Section 482 application regarding an interim surrender and bail hearing timeline, the court granted the applicant protection from arrest for six weeks and directed the lower court to decide the bail application quickly.
Protection from arrest for six weeks; direction to lower court to dispose of bail application expeditiously.
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Court No. - 52
Case :- APPLICATION U/S 482 No. - 6056 of 2023
Applicant :- Ganesh Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sipahi Lal Shukla Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Sri Sandeep Kumar Dubey, Advocate has filed his vakalatnama on behalf of the opposite party no. 2, is taken on record.
Heard learned counsel for the applicant, learned counsel for the opposite party no. 2 and 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 charge sheet dated 07.01.2023 as well as impugned summoning order dated 19.01.2023 passed by learned Additional Chief Judicial Magistrate Bhadohi in Case No. 1503 of 2023 (State Vs. Shiv Narayan Mishra and Others), arising out of Case Crime No. 03 of 2023, under Sections 323, 504, 325, 308 I.P.C., Police Station Aurai, District Bhadohi, pending in the Court of Additional Chief Judicial Magistrate, Bhadohi.
At the very outset learned counsel for the applicant gave up his challenge to the aforesaid impugned charge-sheet, summoning order and entire proceedings 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 :- 20.2.2023 SK Srivastava
Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Whether to grant protection from arrest to the applicant pending bail hearing.
Whether to direct the lower court to dispose of the bail application expeditiously.
Colour shows how this judgement treated each authority
Satender Kumar Antil vs. Central Bureau of Investigation and AnotherReferred¶11
Satender Kumar Antil vs. Central Bureau of Investigation and Another (2021) 10 SCC 773 · Who else cites this
1 provisions across 1 enactments
Ganesh Mishra
State of U.P.
Shiv Shanker Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
