An accused is entitled to protection from arrest to surrender before the concerned court below, considering the alternative prayer made by their counsel and the guidelines laid down by the Apex Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another, 2021 SCC Online SC 922.

Court No. - 81

Case :- APPLICATION U/S 482 No. - 11232 of 2021

Applicant :- Santosh Kumar And Another

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Praveen Kumar Shukla

Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Singh,J.

Heard Mr. Dharam Pal Singh, learned Senior Counsel, assisted

by Mr. Praveen Kumar Shukla, learned counsel for the

applicants, learned Additional Government Advocate for the

State/opposite party no.1 through video conferencing and

perused the record.

This application under Section 482 Cr.P.C. has been filed by the

applicants against the order dated 29.10.2020 passed by Judicial

Magistrate, Najibabad, Bijnor in Criminal Case No. T539 of

2020 (1493 of 2010) (State of U.P. Vs. Santosh Kumar and

others) under Sections 420, 467, 471 IPC arising out of Case

Crime No. 1037 of 2009, Police Station Kiratpur, District

Bijnor pending in the court of Judicial Magistrate, Court No. 2,

Najibabad, Bijnor whereby discharge application bearing No.

B-21 dated 10.06.2020 under Section 239 Cr.P.C. of the

applicants has been rejected.

Learned counsel for the applicants submits that as per

prosecution case, main allegation against the applicants are that

they had got executed one registered sale deed of house in

question in their favour from one Abdul Karim and his wife

Smt. Anjum Ara on 09.07.2007 while they were well aware of

the fact that the informant Atik Ahmad and his wife are the real

owners of the house in question. It is submitted that the dispute

between the parties are civil in nature, therefore, criminal

proceeding against the applicants is bad in law. It is also pointed

out that the non-bailable warrant has been issued against the

applicants on 18.11.2021.

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 order

dated 29.10.2020 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.

Learned A.G.A. for the State of U.P. submits that in this case,

the first information report was lodged on 23.10.2009 and the

charge-sheet was submitted on 25.08.2010. Thereafter, the

applicants preferred an application under Section 482 Cr.P.C.

No. 35860 of 2010 in which interim stay order was granted on

14.12.2010 on the ground that the dispute is purely civil in

nature and it has been given colour of criminal dispute but later

on, the said application has been rejected vide order dated

24.02.2020 by the coordinate Bench of this Court, therefore, the

ground that civil litigation has been converted into the criminal

case is not sustainable at this stage. However, in case, the

applicants are not pressing the relief as sought for by them on

merits and want to surrender before the concerned court below,

he has no objection in granting protection to them for a short

period.

In view of the above, 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 30 days from today and in case 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, 2021 SCC Online SC 922.

For the period of 30 days from today or till the time of

surrender of the applicants before the concerned court below,

whichever is earlier, non