Ramesh Kumar v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 39656 of 2023 Applicant :- Ramesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Zainul Abdin Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record. 2-This application under Section 482 Cr.P.C. has been filed by the applicant to quash the Non Bailable Warrant dated 14.11.2022 and undated cognizance/summoning order issued on Charge-sheet dated 31.12.2015 bearing Charge-sheet No. 188 of 2015, as well as entire proceeding of Case No. 1428 of 2016 (State Vs. Harish Maurya and others), arising out of Case Crime No. 258 of 2015, under Section 147, 148, 149, 323, 504, 506 I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station-Mauaima, District-Allahabad, pending in the court of Special Chief Judicial Magistrate, Allahabad. 3-At the outset learned counsel for the applicant gave up his challenge to the aforesaid impugned Non Bailable Warrant, summoning order and impugned criminal proceedings against the applicant and confined his submission requesting to grant some protection to the applicant 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 applicant expeditiously. 4-Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by him on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to him for a short period. 5-In view of the above, the relief as sought by the applicant in the instant application is refused. 6-However considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within two weeks from today and in case he applies for bail, the bail application of the applicant 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. 7-For the period of two weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, he shall not be arrested in the above case. 8-With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 14.12.2023 ADY High Court of Judicature at Allahabad