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2025 DAILYLAW 121461 (ALL)

RAJ PRATAP SINGH @ PINTU AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/1471/2025 · 2025-02-21

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11358 Court No. - 18 Case :- APPLICATION U/S 482 No. - 1471 of 2025 Applicant :- Raj Pratap Singh @ Pintu And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ajay Veer Singh,Ankit Singh,Nitin Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the impugned charge-sheet dated 26.08.2024, cognizance/ summoning order dated 18.09.2024 and proceedings of Case No. 3833 of 2024 arising out of Case Crime No. 210 of 2024, under Sections 323, 504, 506, 308 IPC, Police Station Poora Kalandar, District Ayodhya pending in the court of Additional Chief Judicial Magistrate 1st, Ayodhya. It is argued by learned counsel for the applicants that initially the first information report was lodged under Sections 323, 504, 506 IPC against the accused-applicants, in which they have been granted bail on 02.07.2024 but charge-sheet has been submitted under Section 308 IPC also, on which the concerned Court below took cognizance and summoned the applicants under Sections 323, 504, 506, 308 IPC. On putting certain query by the Court, learned counsel for the applicants after advancing his arguments at some length gave up his challenge to the aforesaid impugned charge-sheet, cognizance/summoning order and 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 applicants under Section 308 IPC expeditiously. 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. In view of the above, the relief as sought by the applicants in the instant application is refused. 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 two weeks from today and in case apply for bail under newly added Section 308 IPC, 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, 2021 SCC Online SC 922. For the period of two weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, they shall not be arrested in the above case. With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 21.2.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench