ABHISHEK SHARMA v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/1599/2025 · 2025-02-21
Sanjay Kumar Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124573 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124573 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:11369 Court No. - 18 Case :- APPLICATION U/S 482 No. - 1599 of 2025 Applicant :- Abhishek Sharma Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Pradeep Kumar Sen Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Shri Anurag Singh, learned Advocate has put in appearance by filing his Vakalatnama on behalf of opposite party no.2/ complainant/ informant, which is taken on record. Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1, Shri Anurag Singh,
learned counsel for opposite party no.2/ complainant/ informant and perused the record. This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the charge-sheet dated 23.07.2024, summoning order dated 21.11.2024 and proceedings of Criminal Case No. 4546 of 2024 (State of U.P. vs. Abhishek Sharma) arising out of Case Crime No. 26 of 2024, under Sections 406, 420, 504, 506 I.P.C., Police Station Kursi, District Barabanki pending in the Court of learned Additional Chief Judicial Magistrate, Court No.16, Barabanki. At the outset learned counsel for the applicant gave up his challenge to the aforesaid impugned charge-sheet, summoning order 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. Learned A.G.A. for the State of U.P. as well as counsel for the complainant submit 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, they have no objection if the Court grants protection to him for a short period. In view of the above, the relief as sought by the applicant in the instant application is refused. 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 two weeks from today and in case 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. For the period of two weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, he 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 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench