After the applicants abandoned the challenge to the summoning order, the High Court directed surrender within 15 days and expeditious bail disposal, granting protection from arrest during that period.
Grant protection from arrest for 15 days following surrender; direct lower court to dispose bail application expeditiously.
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Court No. - 73
Case :- APPLICATION U/S 482 No. - 9833 of 2022
Applicant :- Abdullah And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alauddin Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard learned counsel for the applicants, 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 the summoning order dated 29.01.2022 passed in Complaint Case No. 106 of 2019 (Bahetu Prasad Vs. Abdullah and Other), under Sections 323, 504, 506 I.P.C. and Section 3(1)Da of S.C./S.T. (Prevention of Atrocities) Act, Police Station Jogiya Udaipur, District Siddharth Nagar, pending in the Court of learned Additional Session and District Judge / Special Judge S.C./S.T. (Prevention of Atrocities) Act, Siddharth Nagar.
At the very outset learned counsel for the applicants gave up his challenge to the aforesaid summoning order 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 wants 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 15 days from today and in case they applies for bail, the bail application of the applicants shall be disposed of expeditiously by the court below in accordance with law.
For the period of 15 days 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 :- 6.4.2023 SK Srivastava
Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad
1 provisions across 1 enactments
Abdullah
State of U.P.
Shiv Shanker Prasad
As recorded by the court registry
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