Allahabad High Court
Fool Chandra vs State Of U.P. And Another on 22 December, 2023
Author: Sanjay Kumar Singh
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:243028 Court No. - 88 Case :- APPLICATION U/S 482 No. - 41992 of 2023 Applicant :- Fool Chandra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Birendra Kumar Mishra,Ashutosh Shukla,Ganesh Mani,Suraj Dubey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.
1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.
2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the impugned order dated 24.08.2023 in Case No. 6089 of 2023 (State of U.P. vs. Ravikumar and Others), arising out of Case Crime No. 595 of 2021, under Sections 143, 145, 147, 148, 332, 353, 323, 504, 341, 186, 436 I.P.C., and Section 7 of Criminal Law Amendment Act, Police Station Manjhanpur, District- Kaushambi.
3. Learned counsel for the applicant submits that he has been named in the F.I.R being Case Crime No. 595 of 2021 as an accused no. 10 and in the said Case Crime No.595 of 2021, the charge-sheet has been filed against two persons, namely Ravi Kumar and Rinku Yadav @ Yogendra Singh. However, no charge-sheet has been filed against the applicant as of now. However, the investigation against the applicant is still pending. Learned counsel for the applicant submits that he has filed an application for surrender before the learned Chief Judicial Magistrate, Kaushambi, on the basis of being a named accused in the F.I.R. and as per the police report, it has been mentioned that the applicant herein is the named and wanted accused in Case Crime No. 595 of 2021. However, his application for surrender has been rejected only on the ground that in the F.I.R. the address of the applicant herein has been mentioned as village- Babhanpurva, Police Station Manjhanpur, District- Kaushambi, whereas in the document such as Voter ID and Aadhar Card, produced by the applicant, his address is village- Naya Purva, Police Station-Manjhanpur. In view thereof, the learned Chief Judicial Magistrate has rejected the application of the applicant herein for surrender and grant of bail.
4. Vide order dated 01.12.2023, learned A.G.A. was granted ten days' time to seek instruction in the matter.
5. Today on the matter being taken up, learned A.G.A. submits that due to bona fide mistake of the prosecution, the address of applicant-Fool Chandra was wrongly transcribed in the F.I.R. as Bhabhanpurva, Manjhanpur, Kaushambi, Uttar Pradesh in place of Naya Purva, Manjhanpur, Kaushambi, U.P., and the same has also been corrected in C.D. No. 36 of this case.
6. In view of the above, the impugned order dated 24.08.2023 is hereby quashed.
7. However, It is directed that the applicant shall surrender before the concerned court below within three 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, reported in 2021 SCC Online SC 922.
8. For the period of three 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.
9. With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 22.12.2023 Kashifa