Disposed
Mahfooz Alam v. State of U.P. and Another
Allahabad HCA482/17308/2020
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Case :- APPLICATION U/S 482 No. - 17308 of…
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Case :- APPLICATION U/S 482 No. - 17308 of…
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Court No. - 83
Case :- APPLICATION U/S 482 No. - 17308 of 2020
Applicant :- Mahfooz Alam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Samiuzzaman Khan Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Mohd. Samiuzzaman Khan, learned counsel for the applicant and learned AGA for the State.
The applicant has sought for the following relief in the instant application under Section 482 Cr.P.C.:-
"quash the criminal proceeding of entire Complaint Case No. 169 of 2018 in between (Smt Kismatun Vs. Mahfooz) Under Section 452, 354 & 504 I.P.C pending before the court of learned Judicial Magistrate Khaga, Distirct Fatehpur and the summoning order dated 11.10.2019."
Learned A.G.A. submits that commission of offence is disclosed against the applicant from the material in the record. Learned trial court has accorded full consideration to the evidence in the record and has also found that a prima facie offence is made out against the applicant.
Faced with this, Sri Mohd. Samiuzzaman Khan, learned counsel for the applicant does not press the relief sought in the present application under Section 482 Cr.P.C. He recasts his relief and submits that the applicant will appear before the learned trial court and apply for bail.
The only prayer made by Sri Mohd. Samiuzzaman Khan, learned counsel for the applicant is that bail application of
the applicant may be decided expeditiously.
In view of the submissions made by the learned counsel for the parties, this application is disposed of with the following directions:
I. The applicant will appear before the learned trial court within a period of 45 days and apply for bail.
II. In case the bail application is filed within the aforesaid period, the learned trial court shall decide the bail application expeditiously in the light of law laid down by this Court in Amrawati and another Vs. State of U.P. reported at 2004 (57) ALR 290 as well as judgement entered by Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P . reported at 2009 ( 3) ADJ 322 (SC) .
III. For a period of 45 days no coercive action shall be taken against the applicant.
IV. In case the applicant does not apply for bail in the aforesaid period, this order shall stand automatically recalled without recourse to this Court. The learned trial court shall proceed thereafter in accordance with law.
Order Date :- 9.12.2020 Nadeem Ahmad
Mahfooz Alam
AJAY BHANOT
As recorded by the court registry
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