Allahabad High Court
Amir vs State Of U.P. And Another on 1 August, 2022
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 81 Case :- APPLICATION U/S 482 No. - 8806 of 2022 Applicant :- Amir Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bindu Kumari Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Ms. Bindu Kumari, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant to quash/stay the charge sheet dated 27.06.2019 as well as cognizance order dated 30.09.2019 and the entire proceeding of Criminal Case No.1985 of 2019 (State Vs. Wasim and others), arising out of Case Crime No.174 of 2019, under Sections 323, 354(Kha), 504, 354 I.P.C., Police Station-Knowledge Park, District-Gautam Budhh Nagar, pending in the Court of Civil Judge (Sr. Div.) F.T.C., Gautam Budhh Nagar.
At the outset learned counsel for the applicant gave up his challenge to the aforesaid impugned charge-sheet, cognizance order and entire proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The 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 at the outset 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 want to surrender before the concerned court below, he has no objection in granting protection to him for a short period.
In view of above, 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 four weeks from today and in case apply 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, reported in (2021) 10 SCC 773.
For the period of four 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 :- 1.8.2022 Rahul.