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2025 DAILYLAW 108793 (ALL)

KULDEEP GUPTA v. STATE OF U.P. AND ANOTHER

A482/40903/2024 · 2025-07-28

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:125198 Court No. - 72 Case :- APPLICATION U/S 482 No. - 40903 of 2024 Applicant :- Kuldeep Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bed Kant Mishra,Sanskar Gaur Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record. 2. This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge sheet dated 25.08.2010 and cognizance order dated 20.09.2010 as well as entire proceedings of Case No. 4925 of 2010 arising out of Case Crime No. 43A of 2009 registered under Sections 323, 504, 332 I.P.C., Police Station- G.R.P. Chandausi, District-Moradabad, pending in the learned court of A.C.J.M. (Railway), Moradabad. 3. At the outset learned counsel for the applicant gave up his challenge to the aforesaid charge sheet and criminal proceedings 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. 4. 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 if the Court grants protection to him for a short period. 5. In view of the above, the relief as sought by the applicant in the instant application is refused. 6. However 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 he 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. 7. 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, non bailable warrant dated 20.08.2024 shall be kept in abeyance. 8. With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 29.7.2025 SY Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad