Shashi Kumar and 2 Others v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 31601 of 2023 Applicant :- Shashi Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed by the applicants to quash the entire Complaint Case No. 59458 of 2022 (Reena Kumari vs. Shashi Kumar & Others), under Sections 354, 323, 452 IPC, Police Statio-Bilari, District-Moradabad as well as impugned summoning order dated 27.06.2023 passed by the Judicial Magistrate, Moradabad.

¶3At the outset learned counsel for the applicants gave up his challenge to the aforesaid criminal 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 court below to consider and decide the bail applications of the applicants expeditiously.

¶4Learned 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.

¶5In view of the above, the relief as sought by the applicants in the instant application is refused.

¶6However 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 one month from today and in case they apply for bail, the bail applications 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.

¶7For the period of one month from today or till the time of surrender of the applicants before the concerned Court below, whichever is earlier, non-bailable warrant issued against the applicants, shall be kept in abeyance.

¶8With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 12.10.2023 Aditya High Court of Judicature at Allahabad