Disposed

Haneef v. State of U.P. and Another

Allahabad HC5 Apr 2019A482/11762/2019

Case brief

AI extract

What is this about?

This Criminal Miscellaneous Application under Section 482 CrPC was filed to quash proceedings but the applicant withdrawn the quashing prayer. In lieu thereof, the court directed courts below to hear bail application expeditiously within 45 days and ordered no coercive action during that period.

What did the court decide?

No coercive action for 45 days; court below to hear bail application expeditiously if applicant appears.

Haneef Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2019)

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 11762 of 2019

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Applicant :- Haneef Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shahabuddin Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicant and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties.

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This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the impugned charge-sheet dated 24.09.2018 arising out of Case Crime No.427 of 2018 and proceedings of Criminal Case No.2259 of 2018 (State vs. Haneef and others), under Sections 420, 406, 467, 468, 471 & 506 I.P.C., Police Station Khoda, District -Ghaziabad, pending in the court of Judicial Magistrate, Ghaziabad.

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The learned counsel for the applicant after advancing his arguments at some length, gave up his challenge to the aforesaid impugned charge-sheet dated 24.09.2018 and impugned criminal proceedings against the applicant and requested to grant some protection, so that applicant may surrender before the 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 and prayed that a direction be issued to the courts below to consider and decide the bail application of the applicants expeditiously in accordance with law.

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Considering the prayer made by the learned counsel for the applicant, it is directed that in case applicant appears before the concerned court below within 45 days from today and applies for bail, the bail application of the applicant shall be heard and disposed of expeditiously by the courts below in accordance with settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Criminal Law Journal 755 as well as judgement passed by Hon'ble Apex Court in (2009) 4 Supreme Court Cases, 437 Lal Kamlendra Pratap Singh Vs. State of U.P.

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For the period of 45 days from today, no coercive action shall be taken against the applicant.

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

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Order Date :- 5.4.2019 SKD

Haneef v. State of U.P. and Another

Case brief

What is this about?

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Haneef v. State of U.P. and Another

Case brief

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