Rakesh and 5 Others v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 13258 of 2017 Applicant :- Rakesh And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.,Harsh Vardhan Gupta,Varun Dev Sharma 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 charge-sheet dated 31.08.2016 and proceedings of Case Crime No. 222 of 2016, under Sections 447, 379 IPC, Police Station Naugawan Sadat, District Amroha (J.P. Nagar). Initially, when the case was filed in the year 2017, interim protection was granted to the applicants vide order dated 01.05.2017 directing that till the next date of listing, no coercive action shall be taken against them and thereafter the said interim order was not further extended. At the outset, learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet and 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 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, 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 :- 22.11.2023 Shubham High Court of Judicature at Allahabad