Disposed

Khalid Ali v. State of Up and Another

Allahabad HC6 Aug 2019A482/29149/2019

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. to quash criminal proceedings and stay further action was dismissed. However, a direction was issued for expeditious bail consideration upon surrender within 60 days, with N.B.W. held in abeyance.

What did the court decide?

Application dismissed; direction issued for bail consideration within 60 days if applicant surrenders; N.B.W. in abeyance for 60 days.

Khalid Ali Vs State of Up and Another — Allahabad HC (2019) — LawSathi Research

¶1

Court No. - 73 Case :- APPLICATION U/S 482 No. - 29149 of 2019 Applicant :- Khalid Ali Opposite Party :- State Of Up And Another Counsel for Applicant :- Sudhanshu Singh Counsel for Opposite Party :- G.A.

¶2

Hon'ble Om Prakash-VII,J.

¶3

The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire proceedings of Complaint Case No. 3074 of 2013 (Haseer Ahmad Vs. Basheeruddin and others), under Sections 452 323, 504, 506, 427 IPC, Police Station Fareedpur, District - Bareilly pending in the court of Judicial Magistrate, Fareedpur, Bareilly. Further prayer has been made to stay the further proceedings of the aforesaid case.

¶4

Heard learned counsel for the applicant and the learned AGA appearing for the State.

¶5

A perusal of the record reveals that the summoning order was passed in accordance with law. Non-bailable warrant was issued when the applicant did not appear before the court concerned despite service of summon. Issuance of non-bailable warrant is within the jurisdiction of the court concerned.

¶6

Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. There is no infirmity or illegality in the said order. The prayer made in the application is refused.

¶7

At this stage, learned counsel for the applicant prays that a direction may be issued to the court below for expeditious disposal of the bail application of the applicant.

¶8

Hence, it is directed that in case the applicant surrenders and applies for bail within 60 days from today, the same shall be considered and decided in view of the settled law. For a period of 60 days from today, effect and operation of the N.B.W. shall remain in abeyance.

¶9

It is made clear that no further time shall be allowed to the applicant to surrender before the court concerned.

¶10

With the above observations, the application stands disposed of.

¶11

Order Date :- 6.8.2019//Sanjeet

Khalid Ali v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Khalid Ali v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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