Dismissed

Dilshad and Anr. v. State of U.P. and Anr.

Allahabad HC17 Jan 2019A482/1351/2019

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings, the single judge dismissed the principal prayers for quashing and stay upon counsel's submission to seek bail. The court directed the applicants to surrender and file a bail application within 30 days, granting an interim stay on coercive action during this period.

What did the court decide?

Application for quashing dismissed. 30-day stay on coercive action granted contingent upon appearance, surrender, and bail application.

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

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Court No. - 25

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Case :- APPLICATION U/S 482 No. - 1351 of 2019

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Applicant :- Dilshad And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ankit Kapoor Counsel for Opposite Party :- G.A.

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Hon'ble Ram Krishna Gautam,J.

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This application U/S 482 Cr.P.C. has been filed seeking quashing of the entire proceeding of Criminal Case No. 6200 of 2017 (State Vs. Dilshad and others), under Sections 323, 504, 506, 354 I.P.C., Police Station Chetganj, District Varanasi, pending in the Court of Chief Judicial Magistrate IXth, Varanasi as well as the charge sheet dated 13.08.2017.

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At the very out-set learned counsel appearing on behalf of the applicants submits that he does not want to press the principal prayers seeking quashing of the entire proceeding of the aforesaid case including the charge sheet, as have been made in the application. He is ready to submit to the jurisdiction of the court, seek bail and accept all the conditions which this Court may deem fit to impose upon him. The only prayer made by the learned counsel for the applicants is that the hearing of the bail application may be done on the same day.

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Heard learned AGA and perused the record.

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In view of the submission made by the learned counsel for the applicants the application so far as it relates to seeking quashing of the charge sheet and the entire proceeding and so far as it relates to seeking stay of the proceeding, stands dismissed.

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However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

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For a period of 30 days from today, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

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With the aforesaid observations, this application is finally disposed off.

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Order Date :- 17.1.2019 NS

Dilshad and Anr. v. State of U.P. and Anr.

Case brief

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Dilshad and Anr. v. State of U.P. and Anr.

Case brief

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