Allahabad High Court
Om Prakash And Another vs State Of U.P. And Another on 17 July, 2023
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:141422 Court No. - 89 Case :- APPLICATION U/S 482 No. - 25204 of 2023 Applicant :- Om Prakash And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Janardan Prasad Patel Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.
2. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge sheet dated 19.12.2007, non bailable warrant dated 16.5.2023 issued against the applicants and proceedings of Case No 1566 of 2008 (State Vs. Ram Adhar and others), arising out of Case Crime No. 367C of 2007, under Section - 323, 504, 506 IPC, P.S.- Mau Aima, Distdrict - Prayagraj/Allahabad.
3. At the outset learned counsel for the applicants gave up his challenge to the aforesaid charge sheet, Non-bailable warrant and criminal proceedings against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The learned counsel for the applicants 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 applicants expeditiously.
4. Learned A.G.A. for the State of U.P. submits that in case the applicants 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 him for a short period.
5. In view of the above, the relief as sought by the applicants in the instant application is refused.
6. However considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within three weeks from today and in case they apply for bail, the bail application of the applicants 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, reported in 2021 SCC Online SC 922.
7. For a period of three weeks from today, no coercive measure shall be taken against the applicants in the aforesaid case.
8. For the period of three weeks from today or till the time of surrender of the applicants before the concerned Court below, whichever is earlier, non-bailable warrant dated 16.5.2023 shall be kept in abeyance.
9. With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 17.7.2023 S.K.S.