Court No. - 72
Case :- APPLICATION U/S 482 No. - 20688 of 2021 Applicant :- Udaypal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Onkar Nath 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 Udaypal and Nitin Kumar to quash the entire proceedings of charge-sheet no. 157 of 2020 dated 21.02.2020 arising out of Case Crime No. 0011 of 2020, under Sections 504, 506 I.P.C. and Section 3(2)(5)Ka of S.C. & S.T. Act, Police Station-Kotwali Nagar, District-Etah submitted in Session Case No. 451 of 2020 (State Vs. Smt. Kiran Shakya and others), pending before the learned Special Judge SC/ST Act, Etah and also to quash the summoning order dated 20.03.2020, passed by the learned Special Judge SC/ST Act, Etah.
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 proceedings of charge-sheet and summoning 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 two 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 two 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 :- 25.10.2021 Sunil Kr. Gupta Digitally signed by SANJAY KUMAR SINGH Date: 2021.10.25 17:28:16 IST Reason: Document Owner Location: High Court of Judicature at Allahabad