Disposed

Suresh Chand and 2 Others v. State of Up and Another

Allahabad HC4 Sept 2024CRLR/202/2024

Case brief

AI extract

What is this about?

Court refused merits challenge in criminal revision against summoning order under Section 319 Cr.P.C. but granted interim protection from arrest for two weeks to enable appellants to surrender and seek bail.

What did the court decide?

Direction issued to trial court to dispose bail application expeditiously if appellants surrender within two weeks; interim protection from arrest granted.

Suresh Chand and 2 Others vs State of Up… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:143218

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Court No. - 84

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Case :- CRIMINAL REVISION No. - 202 of 2024 Revisionist :- Suresh Chand And 2 Others Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Mithilesh Kumar Shukla,Sudhir Kumar Shukla Counsel for Opposite Party :- Anil Kumar Pandey,G.A.,Vijay Laxmi Singh

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the revisionists, learned Additional Government Advocate representing the State and perused the record.

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The instant Criminal Revision Under Section 397/401 of the Code of Criminal Procedure has been filed against the impugned order dated 20.10.2023 passed by Additional Sessions Judge, FTC, Court No. 1, Etah in Session Trial No. 108 of 2013 (State Vs. Ratan Kumar and others) arising out of Case Crime No. 227A of 2011, under Sections 147, 148, 149, 336, 427, 504, 506 IPC, police station Jalesar, district Etah, whereby the Trial Court in exercise of powers under Section 319 Cr.P.C. has summoned the revisionists as an additional accused to face trial in the above case on the basis of statements of PW-1 Satyadev Kumar Shukla and PW-2 Dinesh Kumar recorded before the trial Court.

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Learned counsel for the revisionists after advancing his arguments at some length and putting certain query by this Court in the light of judgement of the Hon'ble Supreme Court in the case of Hardeep Singh Vs. State of Punjab and others, (2014) 3 SCC 92 gave up his challenge to the aforesaid impugned summoning order under Section 319 Cr.P.C. against the revisionists and confined his submission requesting to grant some protection to the revisionists to surrender before the concerned Court below. Learned counsel for the revisionists further stated at the Bar that he is not pressing any other prayer made by means of this Criminal Revision on merits and prayed that a direction may be issued to the concerned Court below to decide the bail application of the revisionists expeditiously.

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Learned A.G.A. for the State of U.P. submits that in case the revisionists 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.

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In view of the above, the relief as sought by the revisionists in the instant Criminal Revision is refused.

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However, considering the aforesaid alternative prayer made by learned counsel for the revisionists, it is directed that if the revisionists surrender/appear before the concerned Court below within two weeks from today and apply for bail, the bail application of the revisionists shall be considered and disposed of expeditiously by the concerned court 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 SCC Online SC 922.

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For the period of two weeks from today or till the time of surrender of the revisionists before the concerned Court below, whichever is earlier, they shall not be arrested in the above case.

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With the above observations and directions, this Criminal Revision under Section 397/401 Cr.P.C. stands disposed of.

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Order Date :- 4.9.2024 Shubham

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Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad

Suresh Chand and 2 Others v. State of Up and Another

Case brief

What is this about?

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Suresh Chand and 2 Others v. State of Up and Another

Case brief

What is this about?

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