Court No. - 77
Case :- APPLICATION U/S 482 No. - 26634 of 2021 Applicant :- Vimal Vishwakarma Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard learned counsel for the applicant, 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 applicant to quash the entire proceeding of Sessions Case No.
431 of 2020 (State of U.P. vs. Vimal Vishwakarma), Case Crime No. 376 of 2019, under Section 135 Indian Electricity Act (Amendment) 2003, Police Station- Kotwali, District- Basti, pending in the Court of Additional District and Sessions Judge/Special Judge, E.C. Act, Fourth, Basti.
At the outset learned counsel for the applicant 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 applicant expeditiously.
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.
In view of 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 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 four 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 :- 20.12.2021 Shalini