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Neutral Citation No. - 2025:AHC:57625 Court No. - 78 Case :- APPLICATION U/S 482 No. - 24963 of 2024 Applicant :- Girish Kumar Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Anjani Kumar Tripathi,Pankaj Sharma Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant, 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 applicant with a prayer to quash the charge-sheet dated 08.05.2024, cognizance / summoning order dated 13.05.2024 and proceedings of Criminal Case No. 30/596/2024 (State vs. Girish Kumar Sharma) arising out of Case Crime No. 364 of 2020, under Sections 420, 467, 468, 471, 120-B I.P.C. and Section 7 of Prevention of Corruption Act, Police Station Khair, District Aligarh pending in the court of learned Additional District and Sessions Judge / Special Judge, Prevention of Corruption, Meerut. 3-As per the prosecution case in brief, on the basis of an open inquiry of State Government, a first information report dated 29.07.2020 was lodged against Pankaj Pawar, the then Chairman, Nagar Palika, Aligarh and his wife Smt. Rajni Pawar making allegations inter-alia that they have obtained a forged caste certificate of the Scheduled Caste whereas they belong to General Category and said caste certificates were used by them in order to get undue benefits. During investigation, the applicant was granted anticipatory bail vide order dated 09.04.2024 in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No. 735 of 2024 till the
submission of police report. After culmination of investigation, charge-sheet no. 04A of 2024 dated 08.05.2024 has been submitted against the applicant for the offence under Sections 420, 467, 468, 471, 120-B I.P.C. and Section 7 of Prevention of Corruption Act, on which the concerned trial court took cognizance of the offence and summoned the applicant vide order dated 13.05.2024 to face trial. 4-Learned counsel for the applicant after advancing his arguments at some length and putting certain query by the Court as to whether on accepting the prosecution case as it is, prima-facie cognizable offence against the applicant is made out or not, gave up his challenge to the aforesaid impugned charge-sheet, cognizance / summoning order and impugned 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. 5-Learned A.G.A. for the State of U.P. submits 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, he has no objection if the Court grants protection to him for a short period. 6-In view of the above, the relief as sought by the applicant in the instant application is refused. 7-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 three 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. 8-For the period of three 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. 9-With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 18.4.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad