Sachin Kumar v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Others

Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4777 of 2023 Petitioner :- Sachin Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Mohd. Shahid Akhtar Counsel for Respondent :- G.A. Hon'ble Dinesh Kumar Singh,J. Hon'ble Syed Qamar Hasan Rizvi,J.

¶1Heard learned counsel for the petitioner and learned Additional Government Advocate for the State.

¶2The present writ petition under Article 226 of the Constitution of India has been filed seeking following reliefs: "(i) To issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned First Information Report No. 360 of 2023, under Sections 493, 323, 504, 506 I.P.C., at Police Station-Sandhana, District Sitapur lodged by the opposite party no.4 on 09.06.2023, in the interest of justice.

(ii) To issue a writ, order or direction in the nature of Mandamus thereby commanding the opposite party no.3 not to arrest the petitioner in pursuance of the impugned fFirst Information Report No. 360 of 2023, under Sections 493, 323, 504, 506 I.P.C., at Police Station-Sandhana, District Sitapur lodged by the opposite party no.4 on 09.06.2023, in the interest of justice.

(iii) .................."

¶3After some argument, learned counsel for the petitioners submits that he would not like to press this petition on merit. However, the petitioner may be granted some time to surrender before the Trial Court and apply for regular bail which may be considered in accordance with law keeping in mind the judgment of Hon'ble Supreme Court rendered in the case of Satender Kumar Antil vs Central Bureau of Investigation & Ors: SLP(Crl) No.5191 of 2021.

¶4Considering the aforesaid submission, this petition is disposed of with liberty to the petitioner to surrender before the trial Court within a period of ten days from today and apply for regular bail. In case the petitioner applies for bail within ten days from today, his application for regular bail should be considered expeditiously by the trial Court considering the fact that the offences for which the petitioner has been implicated, entail sentence up to seven years.

¶5For a period of ten days from today, the petitioner shall not be arrested in relation to the F.I.R. in question. (Syed Qamar Hasan Rizvi, J.) (Dinesh Kumar Singh, J.) Order Date :- 22.6.2023 Abhishek Gupta High Court of Judicature at Allahabad, Lucknow Bench