Mukesh v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 38102 of 2023 Applicant :- Mukesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Girish Tiwari Counsel for Opposite Party :- G.A. 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. 209 of 2022 dated 26.08.2022, cognizance order dated 21.09.2022 passed by learned Special Judge, S.C./S.T. (P.A.) Act, Moradabad and proceedings of Special Session Trial No. 1998 of 2022 (State Vs. Monu Kumar @ Monu and others) arising out of Case Crime No. 208 of 2022, under Sections 323, 504, 506 I.P.C. and Sections 3(1) Da, 3(1) Dha and 3(2)VA of S.C./S.T. Act, Police Station-Bhojpur, District-Moradabad, pending in the court of learned Special Judge, S.C./S.T. (P.A.) Act, Moradabad/Additional Session Judge, Moradabad. 3-At the outset learned counsel for the applicant gave up his challenge to the aforesaid impugned charge-sheet, cognizance order and 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 courts below to consider and decide the bail application of the applicant expeditiously. 4-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. 5-In view of the above, the relief as sought by the applicant in the instant application is refused. 6-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. 7-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. 8-With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 1.11.2023 Kashifa High Court of Judicature at Allahabad