Court No. - 77
Case :- APPLICATION U/S 482 No. - 26777 of 2021 Applicant :- Rajesh Kumar Pathak Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kr Pandey Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Mr. Vinod Kr. Pandey, learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 Cr. P.C. has been filed by the applicant to allow this application and quash the charge sheet dated 28.6.2020 being charge sheet No. 01 of 2020 in Case Crime No. 0108 of 2020, under Section 147, 323, 504, 506, 427, 336 I.P.C. P.S. Gyanpur, District- Bhadohi as well as entire consequential proceeding consequent upon impugned charge sheet including the cognizance taken by learned court below vide order dated 14.7.2020 being Criminal Case No. 2424 of 2020. It is further prayed that the further proceeding of aforementioned case shall be stayed during the pendency of instant 482 Cr.P.C. application.
At the outset, learned counsel for the applicants gave up his challenge to the aforesaid impugned charge sheet and cognizance order against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The 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 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 the above, 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 four weeks from today and in case apply 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, reported in 2021 SCC Online SC 922.
For the period of four weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, the applicant, namely, Rajesh Kumar Pathak 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 SY