Mohd. Taiyab and 2 Others v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 44548 of 2023 Applicant :- Mohd. Taiyab And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Kumar Yadav,Sanjay Kumar Dwivedi Counsel for Opposite Party :- G.A.,Chandra Bhushan Mishra,Prem Shanker Mishra 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 charge sheet dated 17.05.2023, summoning/cognizance order dated 17.12.2022 passed by ACJM, Room No.8, Allahabad in Criminal Case No.1586 of 2022, arising out of Case Crime No.0015 of 2022, NBW dated 10.10.2023, under Sections 147, 148, 354(B), 323, 452, 427, 504, 506 I.P.C., P.S. Handiya, District Prayagraj.

¶3At the outset learned counsel for the applicants gave up his challenge to the aforesaid charge sheet, Non-bailable warrant, summoning/cognizance order 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 application of the applicant 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 applicant 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, 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 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 10.10.2023 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 Nitin Verma High Court of Judicature at Allahabad