Saryu and 4 Others v. State of U.P

Court No. - 88 Case :- APPLICATION U/S 482 No. - 43508 of 2023 Applicant :- Saryu And 4 Others Opposite Party :- State of U.P. Counsel for Applicant :- Adarsh Srivastava,Reena Pal Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record. 2-This application under Section 482 Cr.P.C. has been filed by the applicants to quash the non-bailable warrant dated 26.09.2023 issued against the applicants as well as proceedings arising out of Case Crime No.383 of 2022, under Sections 452, 323, 506, 147 and 308 I.P.C., Police Station Rorawar, District Aligarh. 3-At the outset learned counsel for the applicants gave up his challenge to the aforesaid order of non-bailable warrant against the applicants as well as criminal proceedings 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. 4-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. 5-In view of the above, the relief as sought by the applicants in the instant application is refused. 6-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 they 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. 7-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, non-bailable warrant dated 26.09.2023 shall be kept in abeyance. 8-With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 29.11.2023 Kashifa High Court of Judicature at Allahabad