Allahabad High Court
Sumnesh Kumar @ Vikki Chaudhary vs State Of U.P. And Another on 26 July, 2023
Author: Sanjay Kumar Singh
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:149082 Court No. - 88 Case :- APPLICATION U/S 482 No. - 24608 of 2023 Applicant :- Sumnesh Kumar @ Vikki Chaudhary Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Prince Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, 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 applicant to quash the charge-sheet dated 28.08.2021 arising out of Case Crime No. 62 of 2021, cognizance/summoning order dated 18.09.2021 and proceedings of Criminal Case No. 8230 of 2021 (Computerized No. 26477 of 2021) (State Vs. Sumnesh Kumar @ Vikki Chaudhary), under Section 420 IPC, Police Station Kotwali, District Moradabad pending in the court of Additional Chief Judicial Magistrate, Moradabad.
At the outset, learned counsel for the applicant gave up his challenge to the aforesaid impugned charge-sheet, cognizance/summoning order and criminal proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. 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 courts below to consider and decide the bail application of the applicant expeditiously.
Learned A.G.A. 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 below, he has no objection if the Court grants protection to him for a short period.
In view of the above, the relief as sought by the applicant in the instant application is refused.
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.
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.
With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 26.7.2023 Shubham