Smt. Rinki Gupta vs State Of U.P. And Another
2023 Latest Caselaw 22376 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:166461
 
Court No. - 88
 

 
Case :- APPLICATION U/S 482 No. - 26008 of 2023
 

 
Applicant :- Smt. Rinki Gupta
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Vijay Kumar Dwivedi
 
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 to quash the summoning order dated 10.05.2022 passed by the Court of Judicial Magistrate/Additional Civil Judge (Junior Division), Court No.4, Aligarh, further proceeding of Complaint Case No. 8262 of 2017 (Chandan Varshney Vs. Rajesh Gupta and others), under Section 406 I.P.C., Police Station-Bannadevi, District-Aligarh, pending in the Court of Judicial Magistrate/Additional Civil Judge (Junior Division), Court No.4, Aligarh as well as against the judgment and order dated 02.06.2023 passed by Additional District and Session Judge, Court No.07, Aligarh in Criminal Revision No. 247 of 2022 (Smt. Rinki Gupta Vs. State of U.P. and Another).

3-At the outset learned counsel for the applicant gave up his challenge to the aforesaid impugned orders 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.

4-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 her on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to her for a short period.

5-In view of the above, the relief as sought by the applicant in the instant application is refused.

6-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, reported in 2021 SCC Online SC 922.

7-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, she 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 :- 18.8.2023

Kashifa