Som Vir Singh @ Somvir and Another v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 38565 of 2023 Applicant :- Som Vir Singh @ Somvir And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Balbeer 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 charge sheet No.134 of 2020 dated

31.01.2020, cognizance/summoning order dated 31.08.2020 and proceedings of Case No.5518 of 2020 arising out of Case Crime No.119 of 2019, under Sections 147, 341 I.P.C., Section 11 of the Prevention of Cruelty Act, 1960, Section 3/5 Public Property Damage Act & 7th Cr.L.A. Act, 1932, P.S. Tajganj, District Agra, pending in the court of Special Chief Judicial Magistrate, Agra.

¶3At the outset learned counsel for the applicants gave up his challenge to the aforesaid charge sheet, non-bailable warrant and 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 applicant 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 he 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.

¶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 :- 17.10.2023 SKD High Court of Judicature at Allahabad