Allahabad High Court
Shyam Singh And 2 Others vs State Of U.P. And Another on 5 October, 2023
Author: Sanjay Kumar Singh
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:191815 Court No. - 88 Case :- APPLICATION U/S 482 No. - 34333 of 2023 Applicant :- Shyam Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Patel Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,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 Non-bailable warrant dated 20.04.2022 issued against the applicants in Case No. 404 of 2020 (State Vs. Shyam Singh and others) arising out of N.C.R. No. 0360 of 2018 and Case Crime No. 327 of 2019, under Sections 308, 323, 504 I.P.C., Police Station-Kotwali Gursahaiganj, District-Kannauj, pending in the Court of Judicial Magistrate, Kannauj.
3-In the instant case N.C.R. was lodged by opposite party no.2 on 21.08.2018, under Sections 323, 504 I.P.C. against the applicants and after culmination of investigation charge sheet was submitted on 27.06.2019, under Sections 308, 323, 504 I.P.C., which was challenged by the applicants by means of Application u/s 482 Cr.P.C. No. 13279 of 2020 but the same has been dismissed vide order dated 24.09.2020. Thereafter on non-appearance of the applicants before the concerned Court below non-bailable warrant dated 20.04.2022 has been issued against the applicants.
4-At the outset learned counsel for the applicants gave up his challenge to the aforesaid order of non-bailable warrant against the applicants by contending at the Bar that he is not pressing the prayer made in this application on merits and confined his submission requesting to grant some protection to the applicants to surrender before the concerned Court below.
5-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 them for a short period.
6-In view of the above, the relief as sought by the applicants in the instant application is refused.
7-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 two 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.
8-For the period of two weeks from today or till the time of surrender of the applicants before the concerned Court below, whichever is earlier, non-bailable warrant dated 20.04.2022 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 :- 5.10.2023 Kashifa