Court No. - 72
Case :- APPLICATION U/S 482 No. - 21204 of 2021 Applicant :- Anil Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants, learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of learned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash entire proceedings of Case No. 1355 of 2019 CNR No. UPHT040023912019 (State Versus Anil and others) arising out of charge sheet, in pursuance to the cognizance order dated 06.05.2019 as well as NBW order dated 27.01.2021, arising out of F.I.R. bearing Case Crime No. 065 of 2018, under Section 498-A, 323, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station-Mahila Thana, District Hathras, pending in the court of Chief Judicial Magistrate, Hathras.
Learned counsel for the applicants after advancing his arguments at some length and putting certain query by the Court, gave up his challenge to the aforesaid impugned impugned criminal proceedings and NBW order 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.
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 want to surrender before the concerned court below, he has no objection in granting protection to them for a short period.
In view of above, 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 apply for bail, the bail application of the applicants shall be disposed of expeditiously by the courts below in accordance with law.
For the period of three 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.
With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 28.10.2021 Sunil Kr. Gupta Digitally signed by SANJAY KUMAR SINGH Date: 2021.10.28 17:48:35 IST Reason: Document Owner Location: High Court of Judicature at Allahabad