Phool Babu and Another v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 42007 of 2023 Applicant :- Phool Babu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gyanendra Kumar Tripathi,Achchhey Lal Tiwari Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,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 to quash the impugned non bailable warrant order dated

16.08.2023 issued against the applicants and proceedings of Case No. 1538 of 2011 (State vs. Phool Babu and Another), arising out of Case Crime No. 33 of 2010, under Sections 363, 366, 368, 376 IPC & Section 3(2)(5) of SC/ST Act, Police Station-Nawabganj, District-Allahabad, pending in the court of learned Special Judge A.D.J./S.C./S.T. Act, Allahabad.

¶3At the outset learned counsel for the applicants gave up his challenge to the aforesaid charge sheet, Non-bailable warrant and 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 applications of the applicants expeditiously.

¶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 three weeks from today and in case they apply for bail, bail applications of the applicants shall be disposed of 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 applicants before the concerned Court below, whichever is earlier, non-bailable warrant dated 16.08.2023 shall be kept in abeyance.

¶8With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 14.12.2023 Aditya High Court of Judicature at Allahabad