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

Court No. - 88 Case :- APPLICATION U/S 482 No. - 40310 of 2023 Applicant :- Pawan Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Shukla Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record. This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge-sheet no. 31 of 2023, cognizance order dated 29.03.2023 and proceedings of Case No. 3398 of 2023 (State Vs. Pawan Kumar) arising out of Case Crime No. 0260 of 2022, under Sections 354C, 376, 506 IPC and Section 67-A, 66-C Information Technology Act, Police Station Hathras Junction, District Hathras pending in the court of Judicial Magistrate, Hathras. Learned counsel for the applicant after advancing his arguments at some length and putting certain query by the Court gave up his challenge to the aforesaid impugned charge-sheet, cognizance order and criminal proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. Learned counsel for the applicant 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. 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. In view of the above, the relief as sought by the applicant in the instant application is refused. 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 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, 2021 SCC Online SC 922. 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. With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 15.12.2023 Shubham High Court of Judicature at Allahabad