Rajman v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 12032 of 2018 Applicant :- Rajman Opposite Party :- State of U.P. and Another Counsel for Applicant :- Snehil Srivastava,Surendra Prasad Yadav Counsel for Opposite Party :- G.A.,Vijay Kumar Ojha Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant and learned A.G.A. for the State. This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the charge sheet no. 74 A/2013 dated 28.4.2015 and proceeding in Case No. 3126 of 2015 (State Vs. Rajman), arising out of Case Crime No. 128 of 2013 under Sections 409, 419, 420 IPC, Police Station Dudhara, District Sant Kabir Nagar, pending in the Court of learned Chief Judicial Magistrate, Sant Kabir Nagar. When the instant application was filed in the year 2018, an interim order dated 11.04.2018 was granted staying the further proceedings of the aforesaid case, but after 10.12.2019, the said interim order was not extended, hence, the trial proceed in the matter. At the outset, learned counsel for the applicant gave up his challenge to the aforesaid impugned charge sheet and criminal proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The learned counsel for the applicant 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 applicant expeditiously. Learned A.G.A. for the State of U.P. submits that in case the applicant is 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 him for a short period. In view of the above, the relief as sought by the applicant in the instant application is refused. However considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within two weeks from today and in case applies for bail, the bail application of the applicant 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. For the period of two weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, he 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 :- 5.12.2023 Suraj Srivastav High Court of Judicature at Allahabad