Dismissed

Parwaj Alam and Another v. State of Up and Another

Allahabad HC5 Dec 2019A482/44562/2019

Case brief

AI extract

What is this about?

This court dismissed the applicant's application for quashing the charge sheet and cognizance order. However, the court directed that if the applicants surrender and apply for bail within 30 days, their bail prayer shall be considered. Coercive action against the applicants was stayed for 30 days.

What did the court decide?

Quashing and stay prayers dismissed; bail hearing directed upon surrender within 30 days; coercive action stayed for 30 days.

Parwaj Alam and Another Vs State of Up and Another — Bail and Remand | Allahabad HC (2019)

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Court No. - 66

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Case :- APPLICATION U/S 482 No. - 44562 of 2019

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Applicant :- Parwaj Alam And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Sri Sudhanshu Singh, Advocate has filed vakalatnama on behalf of opposite party no.2, which is taken on record.

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Heard Sri Atul Kumar Srivastava, learned counsel for the applicants, Sri Sudhanshu Singh, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the record.

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The present application under Section 482 Cr.P.C. has been filed for quashing the Charge-sheet dated 9.8.2019, cognizance order dated 9.9.2019 as well as the entire proceedings of Case No. 1187 of 2019 (State vs. Parwaj Alam and others), arising out of Case Crime no. 302 of 2019, under Sections 376, 452, 323, 504, 506 I.P.C., P.S. Faridpur, District- Bareilly, pending in the court of Judicial Magistrate, Bareilly at Faridpur.

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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 charge sheet, cognizance order and the entire proceedings as have been made in the application nor is inclined to press the prayer seeking stay of the proceedings. 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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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, cognizance order 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

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(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 of.

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Order Date :- 5.12.2019

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Vikas

Parwaj Alam and Another v. State of Up and Another

Case brief

What is this about?

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Parwaj Alam and Another v. State of Up and Another

Case brief

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