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2025 DAILYLAW 106764 (ALL)

BALVENDRA @ RAJU AND ANOTHER v. State of U.P. AND ANOTHER

A482/38053/2024 · 2025-05-14

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80736 Court No. - 84 Case :- APPLICATION U/S 482 No. - 38053 of 2024 Applicant :- Balvendra @ Raju And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Prakash Srivastava,Sudhanshu Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. At the outset, learned counsel for the applicants submits that applicant no. 1, namely, Balvendra @ Raju has been arrested by the police, as such, he is not pressing the present 482 Cr.P.C. on behalf of applicant no. 1. 2. Accordingly, the instant 482 Cr.P.c. application stands dismissed as infructuous on behalf of applicant no. 1, namely, Balvendra @ Raju. 3. Heard learned counsel for the applicant no. 2, namely, Bhupendra @ Sanju and learned A.G.A. for the State. 4. This application under Section 482 Cr.P.C. has been filed to quash the impugned charge sheet dated 27.09.2020, cognizance/ summoning order dated 29.10.2021 as well as the entire proceeding of Case No. 11638 of 2021 (State Vs. Rajanshree and others), arising out of Case Crime No. 468 of 2020, under Sections 147, 149, 323, 504 & 308 I.P.C., Police Station- Shikohabad, District- Firozabad, pending before the Court of learned Additional Chief Judicial Magistrate-II, Firozabad. 5. On the matter being taken up, learned counsel for the applicant no. 1 has not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicant expeditiously. 6. Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicant no. 2. 7. Accordingly, the relief as sought by the applicant no. 2 through this application is refused. 8. Considering the aforesaid alternative prayer of the applicant no. 2, it is directed that applicant no. 2 shall surrender before the concerned Court below within three weeks from today and in case applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with law 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. 9. For the period of three weeks from today or till the time of surrender of the applicant no. 2 before the Court below, whichever is earlier, no coercive action shall be taken against applicant no. 2. 10. With the aforesaid directions, this application under Section 482 Cr.P.C. stands disposed of. Order Date :- 15.5.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad