Partly allowed

Irshad Khan v. State of Up and Another

Allahabad HC25 Feb 2020A482/7886/2020

Case brief

AI extract

What is this about?

The High Court considered an application to quash summons in an IPC/POCSO case. The applicant withdrew the quash challenge but sought protection to surrender. The Court refused the main relief but directed lower courts to hear the bail application expeditively using Amrawati and State of U.P. guidelines, ensuring no coercive action for 30 days.

What did the court decide?

No coercive action for 30 days or until appearance; lower court to hear bail application expeditively under Amrawati guidelines.

Irshad Khan Vs State of Up and Another — Anticipatory Bail | Allahabad HC (2020)

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 7886 of 2020

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Applicant :- Irshad Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Adeel Ahmad Khan Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicant, learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of learned counsel for the parties.

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This application under Section 482 Cr.P.C. has been filed by the applicant to quash the cognizance and summoning order dated 15.04.2019 arising out of Case Crime No. 1667 of 2016 and proceedings of S.S.T. No. 25 of 2019 (State Vs. Irshad and others), under Sections 363, 366(A), 504, 506, 376, 368 IPC and Section 16/17, 3/4 POCSO Act, Police Station Kotwali Mau, District -Mau pending in the court of Additional Session Judge, Court NO.1, Mau.

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It is pointed out by learned AGA that earlier applicant had preferred Application under Section 482 Cr.P.C. No. 43428 of 2019 against the charge-sheet dated 26.12.2016, which has been dismissed by this Court vide order dated 3.12.2019, therefore, this is second application under Section 482 Cr.P.C., which is not maintainable.

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After advancing certain arguments at some length by the learned counsel for the applicant, when the Court put certain query to him, he gave up his challenge to the aforesaid impugned order dated 15.04.2019 against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicant expeditiously in accordance with law.

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In view of above, the relief as sought by the applicant in the instant application is refused .

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Considering the aforesaid prayer made by learned counsel for the applicant, it is directed that in case applicant appears before the concerned court below within 30 days from today and applies for bail, the bail application of the applicant shall be heard and disposed of expeditiously by the courts below in accordance with law keeping in view of the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Criminal Law Journal 755 as well as judgement of the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. (2009) 4 Supreme Court Cases, 437 .

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For the period of 30 days from today or till the date of appearance of the applicant before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicant in the above case.

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With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 25.2.2020 AK Pandey

Irshad Khan v. State of Up and Another

Case brief

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Irshad Khan v. State of Up and Another

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