Mahesh Dhama v. State Of U.p. And Another

Mahesh Dhama v. State Of U.p. And Another

(High Court Of Judicature At Allahabad)

MATTERS UNDER ARTICLE 227 No. - 5910 of 2022 | 12-10-2022

Mrs. Manju Rani Chauhan, J.

1. Heard Mr. Chandra Bhan Dubey, learned counsel for the petitioner Mr. Sandeep Tripathi, learned counsel for the respondent no.2 and the learned A.G.A. for the State and perused the record.

2. This petition under Article 227 has been filed by the petitioner to set aside the impugned order dated 02.07.2022 passed by Additional Sessions Judge (POCSO) Shamli in Criminal Revision No.14 of 2022 (Mahesh Dhama Vs. State of U.P. and another) and the order dated 16.03.2021 passed by Chief Judicial Magistrate, Shamli in Complaint Case No.2217/9/2020, (Satyavir Singh Vs. Mahesh Dhama and others), under Sections 406, 504 I.P.C., Police Station-Kotwali Shamli, District-Shamli.

3. After arguing the matter at length, learned counsel for the petitioner confined his submission requesting to grant some protection to the petitioner to surrender before the concerned court below. The learned counsel for the petitioner further stated at the Bar that he is not pressing any other prayer made in this petitioner 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 petitioner expeditiously.

4. Learned A.G.A. for the State of U.P. submits that in case the petitioner is not pressing the relief as sought for by him on merits and want to surrender before the concerned court below, he has no objection in granting protection to him for a short period.

5. In view of above, considering the aforesaid alternative prayer made by learned counsel for the petitioner, it is directed that the petitioner shall surrender before the concerned court below within four weeks from today and in case apply for bail, the bail application of the petitioner 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 [LQ/SC/2021/3291 ;] ">(2021) 10 SCC 773 [LQ/SC/2021/3291 ;] [LQ/SC/2021/3291 ;] ">(2021) 10 SCC 773 [LQ/SC/2021/3291 ;] ">(2021) 10 SCC 773 [LQ/SC/2021/3291 ;] [LQ/SC/2021/3291 ;] [LQ/SC/2021/3291 ;] .

6. For a period of four weeks from today or till the time of surrender of the petitioner before the concerned court below, whichever is earlier, effect and operation of the non bailable warrant dated 06.05.2022 issued against the petitioner shall be kept in abeyance.

7. With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

Advocate List
Bench
  • Hon'ble Justice Mrs. Manju Rani Chauhan
Eq Citations
  • LQ
  • LQ/AllHC/2022/18002
Head Note

Criminal Procedure Code, 1973 — S. 482 — Quashing of proceedings — Petitioner sought protection to surrender before the concerned court below — Petitioner not pressing any other prayer made in the petition on merits — Petitioner directed to surrender before the concerned court below within four weeks — Effect and operation of the non-bailable warrant dated 06.05.2022 issued against the petitioner shall be kept in abeyance for a period of four weeks from today or till the time of surrender of the petitioner before the concerned court below, whichever is earlier.