Disposed

Manik Chandra Singh v. State of U.P. and Another

Allahabad HC23 Mar 2023A482/6359/2023

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. application, the applicant withdrew the quashing plea and sought protection to surrender. The Court directed non-arrest for six weeks and ordered expeditious disposal of the bail application, referencing Satender Kumar Antil guidelines.

What did the court decide?

Non-arrest protection granted for six weeks or until surrender, with directive to dispose bail application expeditiously.

Manik Chandra Singh Vs State of U.P… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 6359 of 2023

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Applicant :- Manik Chandra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhai Raj Singh,Ranjana Singh Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the applicant, learned counsel 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 charge sheet no. 61 of 2015 and the entire proceeding of Criminal Case No. 284 of 2016 (State Vs. Manik Chand Singh), arising out of Case Crime No. 518 of 2015, under Sections 441, 323, 504, 506, 427 I.P.C. and Section 3(1)X of S.C./S.T. Act, Police Station Saray Inayat, District Allahabad, pending in the Court of learned A.C.J.M. - 9, Allahabad.

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At the very outset learned counsel for the applicant gave up his challenge to the aforesaid impugned charge-sheet 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.

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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 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.

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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.

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Order Date :- 23.3.2023 SK Srivastava

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Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Manik Chandra Singh v. State of U.P. and Another

Case brief

What is this about?

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Manik Chandra Singh v. State of U.P. and Another

Case brief

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