Shivanu @ Prateek Modanwal and Another v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 37514 of 2023 Applicant :- Shivanu @ Prateek Modanwal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Virendra Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicants and learned A.G.A. for the State.

¶2This application under Section 482 Cr.P.C. has been filed by the applicants to quash the summoning order dated 16.02.2023 passed by the Additional Civil Judge (J.D.) Vth/Judicial Magistrate, Jaunpur in Complaint Case No. 2798 of 2022 (Deepika @ Mohini vs. Shivanu @ Prateek and others), under Sections 498-A, 323, 504 IPC and Section 4 of Dowry Prohibition Act, Police Station-Mungra Badshahpur, District-Janpur.

¶3On the matter being taken up, learned counsel for the applicants have not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicants expeditiously.

¶4Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicants.

¶5Accordingly the relief as sought by the applicants through this application is refused.

¶6Considering the aforesaid alternative prayer of the applicants, it is directed that applicants shall surrender before the concerned Court below within three weeks from today and in case applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with law 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 applicants before the Court below, whichever is earlier, no coercive action shall be taken against them.

¶8With the aforesaid directions, this application under Section 482 Cr.P.C. stands disposed of. Order Date :- 24.11.2023/Aditya High Court of Judicature at Allahabad