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2025 DAILYLAW 88311 (ALL)

ASHFAK ANSARI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/27382/2024 · 2025-04-16

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:56476 Court No. - 84 Case :- APPLICATION U/S 482 No. - 27382 of 2024 Applicant :- Ashfak Ansari And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants, Sri Anubhav Singh, learned counsel for the Electricity Department and perused the record. 2. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the impugned Charge Sheet dated 06.06.2022, Cognizance order dated 05.09.2022 as well as the entire proceedings of Case No. 141465 of 2022 (State Vs. Ashfak Ansari & Others), arising out of Case Crime No. 961 of 2021, under Sections 323, 504, 506, 353, 186 I.P.C., Police Station- Chakeri, District- Kanpur Nagar, pending in the Court of Chief Metropolitan Magistrate, Kanpur Nagar. 3. At the outset learned counsel for the applicants gave up his challenge to the aforesaid charge sheet, Non-bailable warrant 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 counsel appearing for the Electricity Department 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. 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 they apply 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. 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, non-bailable warrant issued against the applicants, shall be kept in abeyance. 8. With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 17.4.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad