Allahabad High Court
Amarnath Soni And 3 Ohters vs State Of U.P. And Another on 6 July, 2022
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 81 Case :- APPLICATION U/S 482 No. - 16804 of 2022 Applicant :- Amarnath Soni And 3 Ohters Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Rajendra Kumar Singh, learned counsel for the applicants, Sri Pankaj Srivastava, learned AGA for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 22.03.2020 as well as cognizance/summoning order dated 11.08.2021 as well as the entire proceedings of Criminal Case no.965/2021 (State vs. Shiv Shankar and others), arising out of Case Crime No.41/2020, under Sections 147, 148, 323, 504, 336, 308 IPC, Police Station-Khutahan, District-Jaunpur, pending before the Court of Additional Chief Judicial Magistrate-II, Jaunpur.
At the outset, learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet, cognizance order and entire 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.
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 in granting protection to them for a short period.
In view of above, 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 six weeks from today and in case 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) 10 SCC 773.
For the period of six weeks from today or till the time of surrender of the applicants 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 :- 6.7.2022 Jitendra/-