Avadhesh and Another v. State of U.P. and Another

Court No. - 93 Case :- APPLICATION U/S 482 No. - 27482 of 2017 Applicant :- Avadhesh And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shashi Kumar Mishra,Upendra Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard Sri Abdul Allam Ansari holding brief of Sri Upendra Upadhyay, learned counsel for the applicants and Sri Raj Bahadur Verma, learned AGA for the State.

¶2The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No.3576 of 2017 (State Vs Avadhesh) Crime No.23 of 2017, under Sections-406/504 of IPC, Police Station-Pilua, District-Etah, pending in the court of Judicial Magistrate/Special Judge (SC/ST Act), Etah.

¶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 :- 8.11.2023 Irshad High Court of Judicature at Allahabad