Disposed

Raj Kumar @ Guddu and 3 Others v. State of U.P. and Another

Allahabad HC16 May 2023A482/6544/2023

Case brief

AI extract

What is this about?

Addressing an application under Section 482 Cr.P.C. to quash a summoning order, the High Court allowed the applicants to file a surrender application instead. The court directed the lower court to expeditively hear the surrender application and specified a grace period during which no coercive measures are to be taken against the applicants.

What did the court decide?

Applicants directed to file surrender application before concerned court by 31.05.2023; no coercive measures for four weeks.

Raj Kumar @ Guddu and 3 Others Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:106615

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 6544 of 2023

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Applicant :- Raj Kumar @ Guddu And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kukmar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Santosh Kukmar Tiwari, learned counsel for the applicants, Mr. K.P. Pathak, learned AGA for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicants to summoning order dated 27.05.2022 in Complaint Case No.377 of 2022 (Shushila Devi vs. Raj Kumar and others), under Section 452, 323, 35, 504, 506 IPC, Police Station-Roja, District-Shahjahanpur, pending before the court of Additional Civil Judge, Junior Division, Court No.35, Shahjahanpur.

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At the very outset, learned counsel for the applicants gave up his challenge to the aforesaid prayer 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/surrender application of the applicants expeditiously.

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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.

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In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall file a surrender application before the concerned court below on or before 31st May, 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

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application.

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On the date fixed by the Court concerned, the applicant(s) will have liberty to prefer a bail application and a copy of the same be provided to the public prosecutor. In case, any such 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, after hearing the victim 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 four weeks from today or till the surrender application is decided, whichever is earlier, no coercive measure shall be taken against the applicant.

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In case the applicant(s) does not comply with the aforesaid directions, the court below shall be free to take such measures for appearance of the applicant(s) as required under the law.

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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 :- 16.5.2023 Jitendra/-

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Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad

Raj Kumar @ Guddu and 3 Others v. State of U.P. and Another

Case brief

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Raj Kumar @ Guddu and 3 Others v. State of U.P. and Another

Case brief

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