Applicants dropped challenge to cognizance and sought surrender protection. Court refused quashing relief, directed surrender within two weeks, and granted temporary protection from arrest for that period, directing expedited bail disposal.
Protection from arrest for two weeks or till surrender; direction for expedient bail disposal.
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Neutral Citation No. - 2024:AHC:173453
Court No. - 84
Case :- APPLICATION U/S 482 No. - 35794 of 2024
Applicant :- Ram Jee Mishra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the cognizance/ summoning order dated 17.10.2020 and proceedings of Criminal Case No. 9580/IX/2020 arising out of NCR No. 154 of 2019, under Sections 352, 504, 506 IPC, Police Station Girwan, District Banda pending in the court of IIIrd Additional Civil Judge (J.D.)/Chief Judicial Magistrate, Banda.
Learned counsel for the applicants after advancing his arguments at some length and putting certain query by the Court gave up his challenge to the aforesaid impugned cognizance/summoning order and impugned criminal 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 if the Court grants protection to them for a short period.
In view of the above, the relief as sought by the applicants in the instant application is refused.
However, 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 two weeks from today and in case 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, 2021 SCC Online SC 922.
For the period of two 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 :- 6.11.2024 Shubham
Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether applicants are entitled to quash cognizance and summoning order?
Whether protection from arrest is warranted during surrender period?
Colour shows how this judgement treated each authority
Satender Kumar AntilReferred¶11
Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922 · Who else cites this
2 provisions across 2 enactments
Ram Jee Mishra And Another
Sanjay Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
