Om Prakash and Another v. State of U.P. and Another

Court No. - 93 Case :- APPLICATION U/S 482 No. - 36816 of 2023 Applicant :- Om Prakash And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mahendra Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard Sri Mahendra Singh, learned counsel for the applicants and Sri Padmakar Rai, learned AGA for the State.

¶2The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Complaint Case No.1008 of 2010 (Hariom Vs. Hariom and others), under Sections-420, 467, 468, 471 IPC, Police Station-Sahaswan, District-Budaun, pending in the court of Judicial Magistrate, Sahaswan, Budaun and summoning order dated 21.03.2013 passed by Judicial Magistrate, Sahaswan, Budaun and consequential order of non bailable warrants dated 03.06.2023 passed by Judicial Magistrate, Sahaswan, Budaun.

¶3At the very outset, learned counsel for the applicants submits that the applicants do not want to press the prayer for quashing the proceeding of impugned complaint case and submits that they want to surrender and apply for bail if suitable protection is granted to them.

¶4Considering the aforesaid submission, the present application is disposed of with a direction that if the applicants surrender and moves an application for bail before the court below within three weeks from today, then their application shall be considered in view of the law laid down in Satendra Kumar Antil vs. Central Bureau of Investigation and Another, (2021) 10 SCC 773.

¶5For a period of four weeks or till disposal of the bail application, whichever is earlier, no coercive action shall be taken against the applicants. Order Date :- 7.11.2023 S.Chaurasia High Court of Judicature at Allahabad