Aditya Chauhan @ Aditya Thakur v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 31607 of 2023 Applicant :- Aditya Chauhan @ Aditya Thakur Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Kumar Tripathi,Umesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record. This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge-sheet dated 18.06.2019, cognizance order dated

29.08.2019, non-bailable warrant dated 07.05.2022 and proceedings of Case No. 4942 of 2019 (State Vs. Aditya Chauhan @ Aditya Thakur) arising out of Case Crime No. 0443 of 2019, under Section 67 of Information Technology Act, 2008, Police Station Kotwali Nagar, District Muzaffar Nagar pending in the Court of Chief Judicial Magistrate, Muzaffar Nagar. At the outset, learned counsel for the applicant gave up his challenge to the aforesaid impugned charge-sheet, cognizance order, order of non-bailable warrant and criminal proceeding against the applicant by contending at the Bar that he is not pressing the prayer made in this application on merits and confined his submission requesting to grant some protection to the applicant to surrender before the concerned Court below. Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by him on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to him for a short period. In view of the above, the relief as sought by the applicant in the instant application is refused. However, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned Court below within two 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. For the period of two weeks from today or till the time of surrender of the applicant before the concerned Court below, whichever is earlier, non-bailable warrant dated 07.05.2022 shall be kept in abeyance. With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 18.10.2023 Shubham High Court of Judicature at Allahabad