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Neutral Citation No. - 2025:AHC:61519 Court No. - 84 Case :- APPLICATION U/S 482 No. - 42113 of 2024 Applicant :- Rajkumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Umesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants, 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 applicants to quash the charge-sheet No.21 of 2014 dated 03.03.2014, cognizance order dated 31.05.2014, non-bailable warrant dated 27.10.2017 as well as entire proceedings of Criminal Case No.228 of 2014 arising out of Case Crime No.147 of 2013 (State vs. Brajpal and others), under Section 406 I.P.C., P.S. Piluwa District Etah, pending in the court of Additional Civil Judge (Senior Division), Etah.
3. At the outset learned counsel for the applicants gave up his challenge to the criminal proceedings 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 applicant expeditiously.
4. 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 if the Court grants protection to them for a short period.
5. In view of the above, the relief as sought by the applicants in the instant application is refused.
6. However 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 three
weeks from today and in case they apply for bail, the bail application of the applicants 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 applicants before the concerned Court below, whichever is earlier, non-bailable warrant dated 27.10.2017 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 :- 23.4.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad