Sohan Yadav @ Sonu v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 37602 of 2023 Applicant :- Sohan Yadav @ Sonu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

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

¶2This application under Section 482 Cr.P.C. has been filed by the applicant to quash the summoning order dated 23.12.2017 passed by Chief Judicial Magistrate, Chandauli, entire criminal proceedings of Criminal Case No.6947 of 2017, Special Sessions Trial No.454 of 2023 arising out of Case Crime No.460 of 2016, under Sections, 354-Ka, 354-Kha, 354-Gha, 147, 504, 506, 323, 341 I.P.C. and Section 3(2)v-Ka of SC/ST Act, P.S. Alinagar, District Chandauli, pending before Special Judge, SC/ST Act, Chandauli.

¶3On the matter being taken up, learned counsel for the applicant has 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 applicant expeditiously.

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

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

¶6Considering the aforesaid alternative prayer of the applicant, it is directed that applicant 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 applicant before the Court below, whichever is earlier, no coercive action shall be taken against him.

¶8With the aforesaid directions, this application under Section 482 Cr.P.C. stands disposed of. Order Date :- 2.12.2023 Nitin Verma High Court of Judicature at Allahabad