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

Court No. - 88 Case :- APPLICATION U/S 482 No. - 35674 of 2023 Applicant :- Gaurav Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Counsel for Opposite Party :- G.A.,Vishnu Kumar Patil Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1, learned counsel for the opposite party no.2 and perused the record. 2-This application under Section 482 Cr.P.C. has been preferred by the applicants with a prayer to quash the summoning order dated 19.04.2022, non-bailable warrant dated 07.04.2023 and proceedings of Complaint Case No. 1642 of 2021 (Smt. Malti Devi vs. Gaurav Kumar and Another), under Sections 354, 323 I.P.C. and Sections 7/8 POCSO Act, Police Station Narkhi, District Firozabad pending in the court of Additional District and Sessions Judge/Additional Special Judge, POCSO Court No. 1, Firozabad. 3-At the outset, learned counsel for the applicants gave up his challenge to the aforesaid impugned summoning order, 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 application of the applicants expeditiously. 4-Learned 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 wants to surrender before the concerned court below, he has no objection if the Court grants protection to them for a short period. 5-In view of the above, the relief as sought by the applicants in the instant application is refused. 6-However 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. 7-For the period of two weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, they 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 :- 15.12.2023 Saurabh High Court of Judicature at Allahabad