Kapil Dev and Another v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 35845 of 2023 Applicant :- Kapil Dev And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Singh Sengar Counsel for Opposite Party :- G.A.,Raj Kumar Singh Hon'ble Sanjay Kumar Singh,J.

¶1Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1, learned counsel for the opposite party no.2 and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge-sheet No. 58 of 2020 dated 17.02.2020, summoning order dated 28.06.2022 in Case No. 3365 of 2022 arising out of Case Crime No. 0264 of 2019, under Sections 419, 420, 504 and 506 I.P.C., Police Station Kotwali, District Ballia and proceedings of Case No. 3365 of 2022 (State Versus Kapildev and others), pending in the court of learned Chief Judicial Magistrate, Ballia.

¶3Main substratum of argument of learned counsel for the applicants is that in this case, charge sheet against applicant no.1-Kapil Dev has been submitted under Section 419 and 420 I.P.C. only and charge sheet against applicant no.2-Santosh Giri @ Nanhe Giri has been submitted under Sections 504 and 506 I.P.C., but the learned Magistrate while passing summoning order dated 28.06.2022 has summoned both the applicants under Sections 419, 420, 504 and 506 I.P.C.

¶4Learned counsel for the applicants after advancing his arguments at some length and putting certain query by the Court, gave up his challenge to the aforesaid impugned charge-sheet, impugned summoning order and impugned criminal proceedings against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The learned counsel for the applicants 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 applicants expeditiously.

¶5Learned A.G.A. for the State of U.P. as well as learned counsel for opposite party no.2 submit 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, they have no objection if the Court grants protection to them for a short period.

¶6In view of the above, the relief as sought by the applicants in the instant application is refused.

¶7However 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 applicant no.1-Kapil Dev applies for bail under Section 419 and 420 I.P.C. and applicant no.2-Santosh Giri @ Nahe Giri applies for bail under Sections 504 and 506 I.P.C., 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.

¶8For the period of two weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, they shall not be arrested in the above case.

¶9With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 8.12.2023 Kashifa High Court of Judicature at Allahabad