KRISHNA KANT UPADHYAY v. STATE OF U..P AND ANOTHER
NA528/14117/2025 · 2025-04-29
Sanjay Kumar Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45427 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45427 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:68365 Court No. - 78 Case :- APPLICATION U/S 528 BNSS No. - 14117 of 2025 Applicant :- Krishna Kant Upadhyay Opposite Party :- State Of U..P And Another Counsel for Applicant :- Indresh Narain Pandey,Rakesh Dubey,Sanjay Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.
1. Heard Mr. Rakesh Dubey, learned counsel for the applicant, learned Additional Government Advocate representing the State of U.P./opposite party No.1 and perused the record.
2. This application has been filed by applicant- Krishna Kant Upadhyay with a prayer to quash the charge-sheet dated 07.03.2025, cognizance as well as summoning order dated 01.04.2025 passed by learned
Additional
District
and
Sessions Judge/Special Judge (Prevention of Corruption Act), Special Court No. 3, Varanasi and further proceedings of Special Trial No. 295 of 2023 (State Vs. Diwakar Tripathi and others), arising out of Case Crime No. 213 of 2014, under Sections 409, 419, 420, 467, 468, 471, 120B I.P.C. and Section 13(2) of Prevention of Corruption Act, Police Station Chetganj, District Varanasi.
3. At the outset, learned counsel for the applicant gave up his challenge to the impugned charge sheet, cognizance as well as summoning order, criminal proceedings against the applicant and submits at the bar that prayer for bail of the applicant may be
directed to be considered expeditiously by the court below and for a short period protection may also be granted to the applicant. Learned counsel for the applicant has also filed a supplementary affidavit dated 29.04.2025 indicating therein that the applicant is aged about 78 years and is suffering from multiple old aged diseases and his prayer for
bail may be directed to be considered expeditiously.
4. Learned Additional Government Advocate representing the State submits that in case the applicant is not pressing the relief as sought for by him on merits and wants to surrender before the court concerned, he does not have any objection if the Court grants protection to him for a short period.
5. In view of the above, the relief as sought for by the applicant in the instant application is refused.
6. However, considering the aforesaid alternative prayer made by the learned counsel for the applicant in the supplementary affidavit, it is directed that if the applicant surrenders before the court concerned within three weeks from today and applies for bail, his prayer for bail shall be considered and disposed of expeditiously by the court concerned in accordance with law and keeping in view the guidelines as laid down by the Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.
7. For a period of three weeks from today or till the surrender of the applicant before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicant in the present case.
8. With the above observations and directions, the instant application is disposed of.
Order Date :- 30.4.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad