Ramdulare Prasad v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 30077 of 2023 Applicant :- Ramdulare Prasad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kuldeep Singh Chahar,Pramod Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicant, 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 applicant to quash the entire criminal proceeding in case no.2123 of 2011 (State Vs. Ram Dular) in Case Crime No.540 of 2011, under sections 279, 337, 338, 427 IPC, Police Station Kotwali Khalilabad, District Sant Kabir Nagar arising out of charge sheet dated 24.06.2011 as well as summoning order dated 5.08.2011 passed by learned Chief Judicial Magistrate, Sant Kabir Nagar.

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

¶5In view of the above, the relief as sought by the applicant in the instant application is refused.

¶6However 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 three weeks from today and in case he 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.

¶7For a period of three weeks from today, no coercive measure shall be taken against the applicants in the aforesaid case.

¶8For the period of three weeks from today or till the time of surrender of the applicant before the concerned Court below, whichever is earlier, non-bailable warrant shall be kept in abeyance.

¶9With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 28.10.2023 SFH High Court of Judicature at Allahabad