Satish v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 37137 of 2023 Applicant :- Satish Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kant Dubey,Santosh Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

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

¶2The present 482 Cr.P.C. application has been filed to quash the summoning order dated 19.04.2023 as well as entire proceedings of S.T. No.680 of 2022 (State Vs. Vikas Yadav) arising out of Case Crime No. 108 of 2022, under Sections 304 and 323 I.P.C., P.S. Pilkhua, District Hapur.

¶3Counsel for the applicant submits that applicant was named in the F.I.R. but charge sheet was not submitted against him and on application under Section 319 Cr.P.C., applicant has been summoned and non bailable warrant has been issued against the applicant. The applicant has prayed that some protection may be granted to enable the applicant to surrender before the court concerned.

¶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.

¶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 :- 6.12.2023 Meenu Singh High Court of Judicature at Allahabad High Court of Judicature at Allahabad