Babban Chauhan vs State Of U.P. And Another
2023 Latest Caselaw 35643 ALL

Allahabad High Court

Babban Chauhan vs State Of U.P. And Another on 18 December, 2023

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:239747
 
Court No. - 82
 

 
Case :- CRIMINAL REVISION No. - 6068 of 2023
 

 
Revisionist :- Babban Chauhan
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Ravi Bhushan Singh,Pulak Ganguly
 
Counsel for Opposite Party :- G.A.,Ram Singh Yadav
 

 
Hon'ble Ms. Nand Prabha Shukla,J.
 

Heard learned counsel for the revisionist, learned A.G.A. for the State and Sri Ram Singh Yadav, learned counsel for the O.P. No. 2.

The instant criminal revision has been preferred against the judgment and order dated 31.10.2023 passed by learned A.D. & S.J./ Special Judge (E.C. Act), Ghazipur in Sessions Trial No. 246 of 2017 (State Vs. Lakshman Chauhan and others), arising out of Case Crime No. 1027 of 2016, under sections 308, 323, 325, 504 IPC, P.S. Nonehara, District Ghazipur whereby the learned Special Judge (E.C. Act), Deoria has allowed the application filed by the informant P.W. 1 under section 319 Cr.P.C. and has summoned the revisionist to face trial under section 34/308, 323, 325, 504 IPC

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. as well as learned counsel for 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 :- 18.12.2023

RPD