Virendra Singh v. State of U.P.And Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 4340 of 2014 Applicant :- Virendra Singh Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Prashant Kumar Singh Counsel for Opposite Party :- Govt. Advocate Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant, 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 applicant to quash the charge-sheet no.1 of 2009 dated 21.09.2009 and to stay further proceedings of S.T. No. 19 of 2011 (State Vs. Ashok Kumar Gupta and others) arising out of Case Crime No. 53 of 2001, under Sections 467, 468, 409, 420, 471, 120-B I.P.C. and Sections 13(1)C and 13(2) of Prevention of Corruption Act, 1988, Police Station-Shankergarh, District-Allahabad, pending in the court of Special Judge (Prevention of Corruption) Act, Varanasi. 3-Initially when this application was filed in the year 2014, interim protection was granted in the matter vide order dated 24.02.2014, thereafter, it was not extended. 4-Learned counsel for the applicant after advancing his arguments at some length and putting certain query by the Court, gave up his challenge to the aforesaid impugned charge-sheet as well as impugned criminal proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The learned counsel for the applicant 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 application of the applicant expeditiously. 5-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. 6-In view of the above, the relief as sought by the applicant in the instant application is refused. 7-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. 8-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, he 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. Order Date :- 19.10.2023 Kashifa High Court of Judicature at Allahabad High Court of Judicature at Allahabad