Allahabad High Court
Smt. Fullmati And 2 Others vs State Of U.P. And Another on 25 July, 2023
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:148884
Court No. - 88
Case :- APPLICATION U/S 482 No. - 38086 of 2016
Applicant :- Smt. Fullmati And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Om Prakash Singh
Counsel for Opposite Party :- G.A.,Shailendra Kumar Tripathi
Hon'ble Sanjay Kumar Singh,J.
1-Heard learned counsel for the applicants, 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 applicants to quash the charge-sheet No. 1 of 2016 dated 13.11.2016 arising out of Case Crime No. 0692 of 2016, cognizance order dated 14.11.2016 and proceedings of Criminal Case No. 7539 of 2016 (State Vs. Aabid and others), under Sections 147, 148, 323, 506, 332, 333, 353 I.P.C. and new added Section 307 I.P.C., Police Station-Kotwali Kannauj, District-Kannauj, pending in the court of C.J.M. Kannauj.
3-It is submitted by learned counsel for the applicants that there was public demonstration on account of which the applicants who are ladies have been falsely implicated in the present case at the behest of opposite party no.2 who is police constable. It is also submitted that at the initial stage when this application was filed, interim protection was granted to the applicants vide order dated 09.12.2016 till the next date of listing. Thereafter, the said interim order was not extended. The concerned Court below proceeded in the matter in pursuance of the judgment of the Apex Court in the case of Asian Resurfacing of Road Agency Pvt. Ltd. and another vs Central Bureau of Investigation, AIR 2018 SC 2039, and bailable warrant has been issued against the applicants on 30.05.2023. Learned counsel for the applicants after advancing his arguments at some length and putting certain query by the Court, gave up his challenge to the aforesaid impugned charge-sheet and impugned 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 A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and wants 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 three 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 three weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, Bailable warrant dated 30.05.2023 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 :- 25.7.2023
Kashifa
