Allahabad High Court
Shekhar Tiwari vs State Of U.P. And Another on 18 September, 2023
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:179377
Court No. - 88
Case :- APPLICATION U/S 482 No. - 31370 of 2023
Applicant :- Shekhar Tiwari
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Matiur Rehman Khan
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 quash the charge-sheet dated 19.05.2023, cognizance order dated 06.07.2023 and proceedings arising out of case crime no. 0128 of 2022, under Sections 323, 504, 506, 326 I.P.C., Police Station Bariyarpur, District Deoria, pending in the court of Additional Civil Judge (J.D.), Judicial Magistrate, Court No. 28, Deoria.
It is submitted by learned counsel for the applicant that in this case, opposite party no. 2 lodged a first information report on 19.07.2022 with regard to an incident which took place on 06.06.2022 for the offence under Sections 323, 504, 506 and 326 I.P.C. against Shekhar Tiwari (present applicant), Ijhar Ansari and Baiju Chaurasia. After culmination of investigation, charge-sheet dated 19.05.2023 was submitted, on which the concerned court below took cognizance on 06.07.2023. The applicant did not appear before the trial court whereas other two co-accused persons namely Ijhar Ansari and Baiju Chaurasia appeared before the trial court and they have been acquitted by the judgment and order dated 22.06.2023 of the trial court, therefore, the proceeding against the applicant is also liable to be quashed.
Learned counsel for the applicant after advancing his arguments at some length and putting certain query as to whether evidence led in a separate trial of co-accused can be taken into consideration for quashing the criminal proceeding against the present applicant who did not participate in the trial, he gave up his challenge to the aforesaid impugned charge-sheet, cognizance order and 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 :- 18.9.2023/Saurabh
