Allahabad High Court
Amaruddin vs State Of U.P. And Another on 26 July, 2023
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:149426
Court No. - 88
Case :- APPLICATION U/S 482 No. - 24533 of 2023
Applicant :- Amaruddin
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Garun Pal Singh
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant to set aside the impugned order dated 23.02.2023 passed by learned Additional Chief Judicial Magistrate, Court No. 1, Mathura in Case No. 1702 of 2009 (State vs. Rahman and others) as well as bailable warrant dated 31.05.2023, under Section 395 I.P.C., Police Station Raya, District Mathura.
It is submitted by learned counsel for the applicant that it is an old case of the year 1985. The F.I.R. was lodged on 19.01.1985 against five accused persons including the applicant Amaruddin in which final report was submitted. Thereafter on the protest application filed by the opposite party no. 2, accused persons were summoned vide order dated 14.07.1988 which was challenged in an application U/s 482 No. 8957 of 1988 in which further proceedings of the case was stayed but subsequently the trial court proceeded in the matter in the light of 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 summoned the applicants vide order dated 23.02.2023. Learned counsel for the applicant after advancing his arguments at some length and putting certain query by the Court, gave up his challenge to the aforesaid summoning order, bailable warrant 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.
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.
In view of the above, the relief as sought by the applicant in the instant application is refused.
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.
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.
With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 26.7.2023
Saurabh
