Allahabad High Court
Shyam Singh vs State Of U.P. And Another on 17 February, 2023
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 45 Case :- APPLICATION U/S 482 No. - 42983 of 2022 Applicant :- Shyam Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Kumar Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Ravindra Kumar, learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge sheet dated 13.03.2022, cognizance order dated 06.08.2022 in Criminal Case No.4155 of 2022 (State vs. Shyam Singh), arising out of Case Crime No. 285 of 2021, under Section 67 of Information Technology Act, Police Station- Kamalganj, District- Farrukhabad, pending in the Court of Chief Judicial Magistrate, Farrukhabad.
At the outset learned counsel for the applicant gave up his challenge to the aforesaid impugned summoning order and entire proceedings against the applicants 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 may be issued to the concerned courts below to consider and decide the bail application of the applicants 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 six 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 six weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, they 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 :- 17.2.2023 A.Kr.