Court No. - 77
Case :- APPLICATION U/S 482 No. - 26842 of 2021 Applicant :- Murari Lal Nishad And Anothers Opposite Party :- State Of U.P. Through Principal Secretary(Home) And Anothers Counsel for Applicant :- Surendra Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri S.K. Tripathi, learned counsel for the applicants, learned Additional Government Advocate for the State/opposite party no.1 and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the impugned charge sheet dated 13.7.2021 as well as its cognizance order dated 5.8.2021 in Case Crime No. 7558 of 2021 (State vs. Murari Lal and others) arising out of Case Crime No. 0025 of 2021, under Section 379 IPC and 4/21 Mines and Mineral (Development & Regulation) Act, 1957 and 27/29/50/51 Wild Life Protection Act, 1972 & 3/4 Prevention of Damages to Public Property Act, 1984, P.S.- Mansukhpura, District- Agra.
At the outset learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet and cognizance 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 court 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 wants 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 four 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 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.
For the period of four weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, the applicants namely, Murari Lal Nishad and Holiram Nishad 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 :- 20.12.2021 Shalini