Pawan Dev and 4 Others v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 36319 of 2023 Applicant :- Pawan Dev And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Ojha,Shailesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed by the applicant to quash the Non Bailable Warrant dated 18.08.2023 issued against the applicants in Case No.3353 of 2000, (State versus Pawan Dev and others), under Sections 147 IPC & 198-A Z.A. Act and 3(1) IV SC/ST Act, Case Crime No.225 of 1998, Police Station Koraon, District Allahabad, pending in the Court of ACJM, Court No.2, Allahabad.

¶3At the outset learned counsel for the applicant gave up his challenge to the aforesaid charge sheet, Non-bailable warrant 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 they are 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 applications of the applicants expeditiously.

¶4Learned A.G.A. for the State of U.P. submits that in case the applicants are 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 them for a short period.

¶5In view of the above, the relief as sought by the applicants in the instant application is refused.

¶6However 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 three weeks from today and in case they applies for bail, the bail applications 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.

¶7For the period of three weeks from today or till the time of surrender of the applicant before the concerned Court below, whichever is earlier, non-bailable warrant dated 18.08.2023 shall be kept in abeyance.

¶8With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 23.11.2023 /// I.A.Siddiqui High Court of Judicature at Allahabad