Dharmendra Singh v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 35523 of 2023 Applicant :- Dharmendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, 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 applicant with a prayer to quash the summoning order dated 27.10.2021 and proceedings of Complaint Case No. 1104 of 2021 (Anuj Tiwari vs. Dharmendra Singh), under Sections 138 Negotiable Instrument Act, Police Station Civil Lines, District Allahabad pending in the court of Judicial Magistrate, Court No. 4, Allahabad. Learned counsel for the applicant after advancing his arguments at some length and putting certain query by the Court as to whether the defence of the accused can be taken into consideration, gave up his challenge to the aforesaid summoning order and 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 courts below to consider and decide the bail application of the applicant expeditiously. 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. In view of the above, the relief as sought by the applicant in the instant application is refused. 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. 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. With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 21.11.2023 Saurabh High Court of Judicature at Allahabad