SHARDA PRASAD DUBEY AND 5 OTHERS v. STATE OF U.P. AND ANOTHER
A482/2902/2025 · 2025-04-07
Manju Rani Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11961 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11961 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:52215 Court No. - 52 Case :- APPLICATION U/S 482 No. - 2902 of 2025 Applicant :- Sharda Prasad Dubey And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Learned counsel for the applicants has filed supplementary affidavit in the Court today, which is taken on record. Learned A.G.A. for the State submits that compliance affidavit has been filed on 12.03.2025. Office is directed to trace the same and place in on record. Heard Mr. Rajesh Kumar Tiwari, learned counsel for the applicants as well as Mr. S.N. Tiwari, learned A.G.A. for the State and perused the record. The present 482 Cr.P.C., application has been filed for quashing the Charge Sheet No.58 of 2024 dated 22.06.2024 along with Cognizance/Summoning order dated 17.08.2024 and the entire proceeding of Session Trial No.578 of 2024 (State vs. Sharda Prasad Dubey and Others), arising out of Case Crime No.42 of 2024, under Sections 447, 504, 506 I.P.C. and Sections 3(2)(va), 3(1)(r), 3(1)(s), 3(1)(f) SC/ST Act, Police Station- Ghoraval, District- Sonbhadra, pending in the court of learned Special Judge, SC/ST (P.O.A) Act, Sonbhadra. After arguing the matter at length, learned counsel for the applicants gave up his challenge to the aforesaid prayer and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below as averred in paragraph no.2 of the supplementary affidavit filed today. The learned counsel for the applicants further states at the Bar that he is not pressing any other prayer made in this application on merits and prays that a direction may be issued to the concerned court below to consider and decide the bail application/surrender application of the applicants expeditiously. Learned A.G.A. for the State 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 in granting protection to them for a short period. In view of the above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall file a surrender application before the concerned Court below within three weeks. 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 applicants on surrender application. On the date fixed by the Court concerned, the applicants 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 three weeks from today or till the surrender application is decided, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. With the above observations and directions, this application under Section 482 Cr.P.C. is disposed off.
Order Date :- 8.4.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad