Rupendra Yadav v. State of U.P. and Anr

Court No. - 88 Case :- APPLICATION U/S 482 No. - 19752 of 2018 Applicant :- Rupendra Yadav Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Pratibha Singh,Ashok Kumar Singh,Geetam Singh Counsel for Opposite Party :- G.A.,Ram Mohan 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 dated 05.03.2018 as well as proceedings of Case No. 423 of 2018 arising out of Case Crime No. 288 of 2017, under Sections 376, 366, 419, 420 I.P.C., Police Station Sahawar, District Kasganj, pending in the court of Judicial Magistrate, Kasganj. 3-Initially when this application was filed in the year 2018, interim order was granted to the applicant on

20.06.2018, thereafter, the said interim order was not extended. Therefore, in view of judgement of Apex Court in the case of Asian Resurfacing of Road Agency Pvt. Ltd. and another vs Central Bureau of Investigation, AIR 2018 SC 2039, as on date, there is no interim order in this case. 4-Learned counsel for the applicant submits that due to want of stay order non-bailable warrant has been issued against the applicant. Learned counsel for the applicant after advancing his arguments at some length and putting certain query by the Court, gave up his challenge to the aforesaid impugned charge-sheet as well as 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 court below to consider and decide the bail application of the applicant expeditiously. 5-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. 6-In view of the above, the relief as sought by the applicant in the instant application is refused. 7-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. 8-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. 9-With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. 10-Pending application, if any, stands disposed of. Order Date :- 16.11.2023 Kashifa High Court of Judicature at Allahabad High Court of Judicature at Allahabad