Adesh @ Rajkumar and 5 Others v. State of U.P

Court No. - 88 Case :- APPLICATION U/S 482 No. - 31478 of 2022 Applicant :- Adesh @ Rajkumar And 5 Others Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Upadhyay 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 summoning order dated 14.03.2022 and to stay the further proceedings of Complaint Case No. 148 of 2020 (Rajendra Vs. Adesh Kumar and others), under Sections 392, 323, 504, 506 I.P.C., Police Station-Kampil, District-Farrukhabad, pending in the court of learned Special Judge, (D. A. Act)/IIIrd Additional Session Judge, Farrukhabad. 3-In this case when this application was filed, notice was issued to opposite party no.2 and interim protection was granted to the applicants till the next date of listing vide order dated 17.11.2022. Thereafter, it was not extended. Therefore, in view of the judgement of the Apex Court in the case of Asian Resurfacing of Road Agency Pvt. Ltd. and another vs. Central Bureau of Investigation, AIR 2018 SC 2039, the concerned court below proceeded with the matter. 4-Learned counsel for the applicants after advancing his arguments at some length and putting certain query by the Court, gave up his challenge to the aforesaid summoning order and impugned 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 courts below to consider and decide the bail application of the applicants expeditiously. 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 three 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 three 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. 9-With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. 10-Pending applications, if any, also stand disposed of. Order Date :- 16.10.2023 Kashifa High Court of Judicature at Allahabad