Amit Porwal and Another v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 42288 of 2023 Applicant :- Amit Porwal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Dwivedi Counsel for Opposite Party :- G.A.,Mukesh Baghel Hon'ble Deepak Verma,J.

¶1Counter affidavit has been filed today in the Court by Sri Mukesh Baghel, learned counsel for opposite party No.2, is taken on record.

¶2Heard Sri Pankaj Dwivedi, learned counsel for the applicants, Sri Mukesh Baghel, learned counsel for opposite party No.2 and learned A.G.A. for the State.

¶3This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge sheet dated 28.12.2021, cognizance/summoning order dated 04.04.2022 passed by the CJM, Agra, as well as entire proceedings of Case No.3975 of 2022, arising out of Case Crime No.622 of 2021, under Section 506 I.P.C., P.S. Tajganj, District Agra.

¶4On the matter being taken up, learned counsel for the applicants have 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 applicants expeditiously.

¶5Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicants.

¶6Accordingly the relief as sought by the applicants through this application is refused.

¶7Considering the aforesaid alternative prayer of the applicants, it is directed that applicants 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.

¶8For the period of three weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them.

¶9With the aforesaid directions, this application under Section 482 Cr.P.C. stands disposed of. Order Date :- 11.12.2023 Nitin Verma High Court of Judicature at Allahabad