Allahabad High Court
Sadhu @ Sravan vs State Of U.P. And Another on 4 October, 2023
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:191624
Court No. - 88
Case :- APPLICATION U/S 482 No. - 7110 of 2016
Applicant :- Sadhu @ Sravan
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Suneel Kumar
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 charge-sheet dated 23.6.2015 and proceedings of case no. 2488 of 2015 (State Vs. Mukund Lal and another) arising out of N.C.R. No. 76 of 2015, under Sections 323, 325, 504 I.P.C. and 3(1)10 SC/ST Act, Police Station Bhadohi, District - Bhadohi, pending in the Court of Special Judge (SC/St Act)/Additional Sessions Judge, Court No. 2, Bhadohi and Case No. S.T. No. 97 of 2016.
3. At the time of filing this application interim order was granted to the applicant vide order dated 8.3.2016 staying the proceedings of Case No. 2488 of 2015 against the applicant pending in the Court of Chief Judicial Magistrate, Bhadohi but said interim order was not further extended. Therefore in view 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, as on date the said interim order is not effective and the concerned court below has proceeded with the trial.
4. At the outset, learned counsel for the applicant gave up his challenge to the aforesaid impugned charge-sheet 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 decide the bail application of the applicant expeditiously.
5. 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 Court grant protection to him for a short period.
6. In view of the above, the relief as sought by the applicant in the instant application is refused.
7. 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.
8. 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.
9. With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 4.10.2023
Aiman
