Bachan Singh and 3 Others v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 36010 of 2023 Applicant :- Bachan Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Counsel for Opposite Party :- G.A. 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 and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the summoning order dated 29.08.2022, non-bailable warrant dated 28.03.2023 issued against the applicants and proceedings of Case No. 27442 of 2022 (State Versus Bachan Singh and others) arising out of Case Crime No. 62 of 2012, under Sections 147, 148, 308, 323, 504, 506 I.P.C., Police Station Eka, District Firozabad, pending in the court Additional Civil Judge-II (J.D.)/Judicial Magistrate, Shikohabad, District-Firozabad.

¶3At the outset learned counsel for the applicants gave up his challenge to the aforesaid summoning order, order of non-bailable warrant and criminal proceeding against the applicants by contending at the Bar that he is not pressing the prayer made in this application on merits and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below.

¶4Learned A.G.A. for the State of U.P. submits 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, he has no objection if the Court grants protection to them for a short period.

¶5In view of the above, the relief as sought by the applicants in the instant application is refused.

¶6However 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 they apply for bail, 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.

¶7For the period of two weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, non-bailable warrant dated 28.03.2023 shall be kept in abeyance.

¶8With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 13.12.2023 Kashifa High Court of Judicature at Allahabad