Court No. - 72
Case :- APPLICATION U/S 482 No. - 17644 of 2021 Applicant :- Suresh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Subhash Chandra Yadav 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/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 applicant for quashing of the order dated 31.03.2021 passed by Additional District & Sessions Judge, court No. 7, Azamgarh rejecting Criminal Revision No. 178 of 2019 (Suresh vs State) filed by the applicant, which has been filed against the order dated 14.06.2019 passed by Additional Chief Judicial Magistrate, Azamgarh in Complaint Case No. 4807 of 2016, under section 420 IPC, whereby the application under section 319 Cr.P.C. has been allowed and the applicant has been summoned to face trial.
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 proceedings of case 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 applicant expeditiously in accordance with law.
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 in granting protection to him for a short period.
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 three 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, reported in 2021 SCC Online SC 922.
For the period of three 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 :- 28.10.2021 Sazia