Disposed

Lakhan Singh Dewakar v. State of U.P. and Another

Allahabad HC12 Aug 2024CRLR/2676/2024

Case brief

AI extract

What is this about?

Criminal revision against cancellation of a final report and summoning under Sections 376 and 506 IPC. Counsel did not press the challenge on merits and sought protection for surrender and expeditious bail disposal. Revision disposed with directions.

What did the court decide?

Protection from arrest for ten days or until surrender; bail application to be decided expeditiously per Satender Kumar Antil guidelines.

Lakhan Singh Dewakar vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:130203

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Court No. - 84

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Case :- CRIMINAL REVISION No. - 2676 of 2024

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Revisionist :- Lakhan Singh Dewakar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Jai Raj Singh Tomar,Kavita Tomar Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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1-Heard learned counsel for the revisionist, learned Additional Government Advocate representing the State and perused the record.

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2-The instant Criminal Revision Under Section 397/401 of the Code of Criminal Procedure has been preferred by the revisionist-Lakhan Singh Dewakar against the impugned order dated 14.02.2024 passed by learned Additional Chief Judicial Magistrate, Kanpur Dehat in Case Crime No. 519 of 2021, under Sections 376 and 506 I.P.C., Police Station Mangalpur, District Kanpur Dehat whereby the protest application of the opposite party no. 2 has been allowed and final report no. 101/2022 dated 15.08.2022, submitted in favour of the revisionist, has been cancelled summoning the revisionist under Sections 376 and 506 I.P.C.

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3-Learned counsel for the revisionist after advancing his arguments at some length and putting certain query by this Court gave up his challenge to the aforesaid impugned order against the revisionist and confined his submission requesting to grant some protection to the revisionist to surrender before the concerned Court below. The learned counsel for the revisionist 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 revisionist expeditiously.

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4-Learned A.G.A. for the State of U.P. submits that in case the revisionist is not pressing the relief as

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sought for by him on merits and wants to surrender before the concerned Court below, he has no objection if the Court grants protection to him for a short period.

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

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6-However considering the aforesaid alternative prayer made by learned counsel for the revisionist, it is directed that if the revisionist surrenders/appears before the concerned Court below within ten days' from today and apply for bail, the bail application of the revisionist shall be 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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7-For the period of ten days' from today or till the time of surrender of the revisionist before the concerned Court below, whichever is earlier, he shall not be arrested in the above case.

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8-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 :- 12.8.2024 Saurabh

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

Lakhan Singh Dewakar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Lakhan Singh Dewakar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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