The High Court rejected the main challenge in the criminal revision but granted interim protection, directing the trial court to decide bail applications under Supreme Court guidelines and prohibiting arrest for two weeks or until surrender.
Prayer to grant protection to surrender was granted; prayer on merits and for bail decision direction was refused.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC:108168
Court No. - 84
Case :- CRIMINAL REVISION No. - 1 of 2024
Revisionist :- Ankit And 2 Others Opposite Party :- State Of Up Others Counsel for Revisionist :- Ajay Kumar Pathak Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the Revisionists as well as learned Additional Government Advocate for the State of U.P.
This criminal revision under Section 397/401 Cr.P.C. has been preferred by the revisionists, namely, Ankit, Pooja and Amit, with a prayer to set aside the impugned order dated 14.12.2023 passed by learned Additional Sessions Judge, Court No.1, Hathras, in Session Trial No. 208 of 2020 (State Vs. Rameshwar), arising out of Case Crime No. 36 of 2020, under Sections 323, 313 I.P.C., Police Station Sahpau, District- Hathras.
Brief facts of the case which are required to be stated are that opposite party No.2-Smt. Munesh Devi lodged a First Information Report on 06.03.2020 under Sections 323 and 313 I.P.C. against co-accused Rameshwar and the revisionists, namely, Ankit, Pooja and Amit but after culmination of investigation, charge-sheet was submitted only against co-accused Rameshwar. During trial statement of opposite party No.2/complainant was recorded before the trial court as PW-1, in which she has also made allegations against the present revisionists. The victim was also examined before the trial court as PW-2, in which she has also levelled allegations against the present revisionists. Thereafter on the application No.7-Kha under Section 319 Cr.P.C. of opposite party No.2/complainant, the revisionists have been summoned vide order dated 14.12.2023 as additional accused to face trial.
At the outset learned counsel for the revisionists,
gave up his challenge to the aforesaid impugned order dated 14.12.2023 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 in this criminal revision on merits and prayed that a direction may be issued to the concerned court below to consider and decide the bail applications of the revisionists expeditiously.
On the other hand, learned A.G.A. submits that in case revisionists are not pressing the relief as sought for by them, he has no objection if the Court grants some protection to them for a short period.
In view of the above, the relief as sought by the revisionist in the instant criminal revision is refused.
However, considering the alternative prayer of learned counsel for the revisionists, it is directed that revisionists shall surrender before the trial court within two weeks from today and in case they move an application for bail before the trial court, the same shall be decided keeping in view the guidelines 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.
For a period of two weeks 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.
With the above observation and direction, the instant criminal revision stands disposed of .
Order Date :- 4.7.2024 Kashifa
Digitally signed by :- KASHIFA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the criminal revision challenging the order summoning the revisionists as additional accused is maintainable since the revisionists have given up the challenge to the impugned order.
Whether direction may be issued to the lower court to decide bail applications expeditiously and ensure non-arrest of the revisionists pending their surrender.
Colour shows how this judgement treated each authority
Satender Kumar Antil vs Central Bureau of Investigation and anotherExplained¶13
Satender Kumar Antil vs Central Bureau of Investigation and another, 2021 SCC Online SC 922 · Who else cites this
State Of Up
Sanjay Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
