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2025 DAILYLAW 113322 (ALL)

MONU v. STATE OF U.P. AND ANOTHER

A482/44576/2024 · 2025-05-29

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:93906 Court No. - 52 Case :- APPLICATION U/S 482 No. - 44576 of 2024 Applicant :- Monu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Learned counsel for the applicant has field supplementary affidavit in the Court today which is taken on record. Heard Mr. Ashok Kumar Singh, learned counsel for the applicant as well as Mr. Mayank Awasthi, learned A.G.A. for the State and perused the record. The present 482 Cr.P.C., application has been filed with the prayer to quash the charge sheet dated 18.04.2022 along with Cognizance order dated 20.09.2022 and the entire proceedings of Criminal Case No.9802/2022 (State vs. Monu), arising out of Case Crime No.10/2022, under Sections 420, 411, 414, 483 I.P.C., Police Station- Hapur Nagar, District- Hapur, pending in the court of learned Chief Judicial Magistrate, Hapur. At the very outset, learned counsel for the applicant gave up his challenge to the aforesaid prayer and confined his submission mentioning paragraph no.3 of the supplementary affidavit filed today, 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 court below to consider and decide the bail application/surrender 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 want 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 file a surrender application before the concerned Court below within four weeks from today. On receiving the surrender application, the Court concerned shall obtain instructions from the public prosecutor and fix a date for appearance/surrender of the applicants and for hearing the applicant on surrender application. On the date fixed by the Court concerned, the applicant will have liberty to prefer a bail application and a copy of the same be provided to the public prosecutor. In case, any such bail application is filed, the same shall be considered and decided by the Court below along with the surrender application, on the date fixed, in accordance with law, after hearing the informant/opposite party no.2, keeping in view the guidelines as laid down by the Hon’ble Apex Court. For the period of four weeks from today or till the surrender application is decided, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case. With the above observations and directions, this application under Section 482 Cr.P.C. is disposed off. Order Date :- 30.5.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad