Satya Dev Mishra and Another v. State of U.P. .And Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 34066 of 2023 Applicant :- Satya Dev Mishra And Another Opposite Party :- State Of U.P. .And Another Counsel for Applicant :- Deepak Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1, learned counsel for the opposite party no. 2 and perused the record. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the summoning order 28.6.2023 and entire proceeding of Complaint Case No. 2165 of 2023 and Case No. 263 of 2023, under Sections 504 and 506 IPC (Sachin Arora Vs. Satya Dev Mishra and another), police station Sadar Bazar, district Shahjahanpur, pending in the Court of Additional Civil Judge (JD)/JM, Court No. 37, Shahjahanpur. At the outset learned counsel for the applicants gave up his challenge to the aforesaid 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 courts below to consider and decide the bail application of the applicants expeditiously. Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to them for a short period. In view of the above, the relief as sought by the applicants in the instant application is refused. 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. 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. With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 16.11.2023 Ishrat High Court of Judicature at Allahabad