PRAKASH AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/1615/2025 · 2025-02-20
Sanjay Kumar Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124791 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124791 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:11095 Court No. - 18 Case :- APPLICATION U/S 482 No. - 1615 of 2025 Applicant :- Prakash And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Dinesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,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 with a prayer to quash the charge-sheet dated 01.12.2018, summoning order dated 23.09.2020 and proceedings of Case No. 36467 of 2020 (State vs. Prakash & Others) arising out of Case Crime No. 0618 of 2018, under Sections 323, 504, 308 I.P.C., Police Station Mohanlal Ganj, District Lucknow pending in the Court of learned A.C.J.M-3, Lucknow. 3. At the outset learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet, impugned orders 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 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 wants 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 two weeks from today and in case applies 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.
7. 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. 8. With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 20.2.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench