Disposed

Ramautar v. State of U.P. and Another

Allahabad HC27 Feb 2023A482/6068/2023

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the applicant withdrew challenge to criminal proceedings but sought protection to surrender and expeditious bail consideration. The court directed surrender within four weeks and stayed arrest.

What did the court decide?

Stay on arrest for four weeks contingent on surrender to the lower court and direction that the lower court decide the bail application expeditiously.

Ramautar Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

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Court No. - 45

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Case :- APPLICATION U/S 482 No. - 6068 of 2023

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Applicant :- Ramautar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Prakash Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,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 to quash the entire proceeding of Criminal Case No. 1368 of 2022 (State Vs. Ramautar) pending in the court of Judicial Magistrate, Room No. 1, Mohammdabad, Ghazipur in pursuance of the charge sheet dated 04.11.2021 in Case Crime No. 236 of 2021, under section 419, 420 IPC, Police Station Mohammdabad, District Ghazipur and also quash the cognizance and summoning order dated 10.11.2022 in Criminal Case No. 1368 of 2022 against the applicant.

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At the very outset, learned counsel for the applicant gave up his challenge to the entire criminal proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. 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 of the applicant expeditiously.

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Learned A.G.A. for the State 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 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 four weeks from today and in case they apply for bail, the bail application of the applicant shall be disposed of expeditiously by the court below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender

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Kumar Antil vs. Central Bureau of Investigation and Another , reported in (2021) 10 SCC 773 .

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For a period of four 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 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 :- 27.2.2023 Arti

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Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad

Ramautar v. State of U.P. and Another

Case brief

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Ramautar v. State of U.P. and Another

Case brief

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