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

Court No. - 88 Case :- APPLICATION U/S 482 No. - 40232 of 2023 Applicant :- Deepu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vishnu Kant Tiwari 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 and perused the record. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the orders dated

18.08.2023 and 22.11.2021 passed by Chief Judicial Magistrate, Jalaun at Orai by which non-bailable warrant and the process under Section 82 Cr.P.C. have been issued against the applicants and proceeding of Complaint Case No. 1627 of 2009 (Rajesh Kumar Nayak Vs. Deepu and another), under Sections 323, 504, 506 IPC pending in the court of Chief Judicial Magistrate, Jalaun at Orai. At the outset, learned counsel for the applicants gave up his challenge to the aforesaid orders dated

18.08.2023 and 22.11.2021 issuing non-bailable warrants and process under Section 82 Cr.P.C. against the applicants by contending at the Bar that he is not pressing the prayer made in this application on merits and confined his submission requesting to grant some protection to the applicants to surrender before the concerned Court below. 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 want 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 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, orders dated 18.08.2023 and 22.11.2021 issuing non-bailable warrants and process under Section 82 Cr.P.C. shall be kept in abeyance. With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 21.11.2023 Shubham High Court of Judicature at Allahabad