Partly allowed

Shivam v. State of Up and Another

Allahabad HC6 Nov 2024A482/35799/2024

Case brief

AI extract

What is this about?

In a Section 482 Cr.P.C. application challenging a charge-sheet and cognizance order, the applicant withdrew the challenge on merits but sought interim protection to surrender. The court granted protection against arrest for two weeks and directed expeditious disposal of the bail application.

What did the court decide?

Protection from arrest for two weeks or until surrender; direction to lower court to dispose bail application expeditiously.

Shivam vs State of Up and Another — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:174056

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Court No. - 84

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Case :- APPLICATION U/S 482 No. - 35799 of 2024

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Applicant :- Shivam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukul Yadav,Rajesh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicant and learned Additional Government Advocate for the State of U.P. and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the charge-sheet dated 06.06.2022, cognizance as well as summoning order dated 23.01.2023 and proceedings of Case No. 259 of 2022 (State Versus Shivam and others), arising out of Case Crime No. 209 of 2022, under Sections 323, 452, 504 I.P.C., Police Station Bilari, District Moradabad, pending in the court of learned Judicial Magistrate, Moradabad.

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Learned counsel for the applicant after advancing his arguments at some length and putting certain query by the Court with regard to injury report of the injured, gave up his challenge to the aforesaid impugned charge-sheet, cognizance as well as summoning order and impugned criminal 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 court below to consider and decide the bail application of the applicant expeditiously.

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Learned Additional Government Advocate 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 wants to surrender before the concerned court

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below, he has no objection if the Court grants protection to him for a short period.

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In view of the above, the relief as sought by the applicant in the instant application is refused.

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However 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 two weeks from today and in case applies 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, 2021 SCC Online SC 922 .

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For the period of two 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 :- 6.11.2024 Kashifa

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Digitally signed by :- KASHIFA High Court of Judicature at Allahabad

Shivam v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Shivam v. State of Up and Another

Case brief

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What did the court decide?

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