Applicants withdrew substantive challenge to quashing proceedings and sought protection to surrender. Court granted non-arrest order for six weeks for consideration of bail.
Protection from arrest for six weeks; direction to courts below to consider and decide bail application expeditiously.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 73
Case :- APPLICATION U/S 482 No. - 6511 of 2023
Applicant :- Durgesh @ Durgesh Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yash Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard Ms. Shabana Nizam, learned counsel for the applicants and the learned counsel for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 3rd November, 2020, cognizance taking order dated 19th December, 2020 as well as the proceedings of Criminal Case No. 4400 of 2021 (State Vs. Rampal & Others) arising out of Case Crime No. 307 of 2020, under Sections 324, 504 and 506 I.P.C. Police Station-Sahwar, District-Kasganj, pending in the Court of Additional Chief Judicial Magistrate-, Kasganj.
At the very outset learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet, cognizance order and entire proceedings against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The learned counsel for the applicants 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 applicants expeditiously.
Learned A.G.A. for the State of U.P. submits that in case the applicants are 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 applicants, it is directed that the applicants shall surrender before the concerned court below within six weeks from today and in case they apply for bail, the bail application of the applicants 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 applicants before the concerned court below, whichever is earlier, they 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 :- 15.3.2023 Sushil/-
Digitally signed by :- SUSHIL KUMAR 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
1 provisions across 1 enactments
Durgesh @ Durgesh Kumar And 3 Others
State of U.P. and Another
Shiv Shanker Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
