Yunus Ansari and 4 Ors. v. State of U.P. and Another
Case brief
What is this about?
The court dismissed the application for quashing proceedings but granted 45 days for the applicants to appear and apply for bail, directing the court below to decide the bail petition in view of settled precedent. Failure to appear within the timeframe will attract coercive action.
What did the court decide?
Readers are granted 45 days to appear, apply for bail, which will be considered; during this period none coercive action
What the court decided
Court No. - 66
Case :- APPLICATION U/S 482 No. - 45887 of 2019
Applicant :- Yunus Ansari And 4 Ors Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anoop Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Anoop Kumar Singh, learned counsel for the applicants and the learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 28.06.2016 and summoning order dated 14.09.2019 as well as entire proceedings of Case No. 3684 of 2016 (State Vs.Abdul Majid and others), arising out of Case Crime No.31 of 2016 under Sections 147, 148, 323, 504, 452, 427, 324 and 325 I.P.C., P.S. Ramkola, District-Kushinagar, pending in the court of Chief Judicial Magistrate,Kushinagar at Padrauna.
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 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.
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.
Issues for consideration
3 issues framed by the court
Whether to quash the charge-sheet and proceedings or grant bail in an application under Section 482 Cr.P.C.
Whether to direct the court below to consider bail if the applicants appear and surrender within 45 days.
Maintainance of coercive action if the applicants do not appear within the stipulated period.
Parties & counsel
- applicant
Yunus Ansari And 4 Ors
- respondent
State of U.P.
Coram
Rajul Bhargava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- A482/45887/2019
Similar cases
Judgements on the same questions, provisions and authorities, from every court