Citation : 2023 Latest Caselaw 35243 ALL
Judgement Date : 15 December, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:237612 Court No. - 82 Case :- CRIMINAL REVISION No. - 578 of 2023 Revisionist :- Munni Lal Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Rishikesh Pati Tripathi Counsel for Opposite Party :- G.A.,Sanjay Kumar Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the record.
This criminal revision under section 397/401 Cr.P.C. has been filed against the judgment and order dated 29.7.2022 passed by Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.30, Deoria in Case No.1427 of 2014 (Babban v. Muni Lal) under Section 245 (2) Cr.P.C., Police Station Bhatparani, District Deoria, pending in the court of Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.30, Deoria.
After arguing the matter at some length, learned counsel for the revisionist gave up his challenge to the aforesaid impugned charge-sheet, cognizance order and entire proceedings against the revisionist and confined his submission requesting to grant some protection to the revisionist to surrender before the concerned court below. The learned counsel for the revisionist further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction at the outset may be issued to the concerned courts below to consider and decide the bail application of the revisionist expeditiously.
Learned A.G.A. submits that in case the revisionist 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 in granting protection to him for a short period.
In view of above, considering the aforesaid alternative prayer made by learned counsel for the revisionist, it is directed that the revisionist shall surrender before the concerned court below within four weeks from today and in case applies for bail, the bail application of the revisionist 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) 10 SCC 773.
For the period of four weeks from today or till the time of surrender of the revisionist before the concerned court below, whichever is earlier, he shall not be arrested in the above case.
With the above observations/directions, this revision is disposed of.
Order Date :- 15.12.2023
A.N. Mishra
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