Rati Pal and 2 Others v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 32139 of 2023 Applicant :- Rati Pal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shesh Nath Singh Yadav Counsel for Opposite Party :- G.A.,Devendra Yadav,Girish Kumar Pandey 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, Mr. Devenra Yadav, learned counsel for the opposite party no.2 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 31.07.2023 passed by learned Additional Chief Judicial magistrate/J.D., Bareilly and proceedings arising out of Case Crime No. 392 of 2018 (State Vs. Anurag Singh Neetu "Complainant"), under Section 307 I.P.C., Police Station-Bithri Chainpur, District-Bareilly. 3-At the outset learned counsel for the applicants gave up his challenge to the aforesaid impugned 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 court below to consider and decide the bail application of the applicants expeditiously. 4-Learned A.G.A. for the State of U.P. as well as learned counsel for opposite party no.2 submit 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, they have no objection if the Court grants protection to them for a short period. 5-In view of the above, the relief as sought by the applicants in the instant application is refused. 6-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 two 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. 7-For the period of two 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. 8-With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 26.10.2023 Kashifa High Court of Judicature at Allahabad