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2023 DIGILAW 1818 (ALL)

Pintu Alias Surendra Kumar v. State Of U. P.

2023-07-28

SANJAY KUMAR SINGH

body2023
JUDGMENT : 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 to quash the non-bailable warrant dated 17.05.2023 and proceedings of Special Session Trial No. 228 of 2014 (State Vs. Suraj and others), under Sections 392, 411 IPC, Police Station Jagdishpura, District Agra pending in the court of Additional Session Judge, Court No. 3, Agra. 3. It is submitted by learned counsel for the applicant that in this case, first information report was lodged on 22.05.2014 under Section 392 IPC, in which the applicant was granted bail on 17.07.2014 by the concerned Court below and after submission of charge-sheet and framing of charge, he was appearing before the trial Court upto 16.04.2021 but thereafter he did not appear before the cornered Court below, whereafter non-bailable warrant has been issued on 17.05.2023 against him. 4. Learned counsel for the applicant after advancing his arguments at some length and putting query by this Court with regard to illegality in the order dated 17.05.2023 by the Court gave up his challenge to the aforesaid impugned non-bailable warrant dated 17.05.2023 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. 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. 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 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, 2021 SCC Online SC 922. 8. 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. 9. With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.