Disposed

Zavir Husain v. State of U.P. and Another

Allahabad HC18 Feb 2021A482/3636/2021

Case brief

AI extract

What is this about?

The High Court refused the prayer to quash charges under Section 482 Cr.P.C. but, on the applicant's readiness to surrender, directed that a bail application filed within 30 days will be considered and no coercive action will be taken pending such appearance.

What did the court decide?

Refused quashing prayer; conditional direction that bail application filed within 30 days will be considered and no coercive action taken pending appearance.

Zavir Husain Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2021)

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 3636 of 2021

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Applicant :- Zavir Husain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant and the 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 29.04.2019, cognizance taking order dated 05.11.2020 as well as proceedings of case crime no. 461 of 2016 under Section 420, 409 IPC, P.S. Civil Lines District Budaun pending before CJM, Budaun.

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Learned counsel for the applicant, after making submissions to some extent, has fairly submitted that necessary grounds for invoking the inherent powers of this Court under Section 482 Cr.P.C. have not been made out in the facts of the present case. Accordingly, he does not wish to press the principal prayer, as made in the application.

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

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At this stage, counsel for the applicant makes a submission that the applicant is ready to submit to the jurisdiction of the concerned court, seek bail and accept all the conditions which this Court may deem fit to impose upon him. The only prayer made by learned counsel for the applicant is for expeditious disposal of his bail application.

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Considering the aforesaid alternative prayer made by learned

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counsel for the applicant, it is provided that in case the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his bail application shall be considered and decided by the concerned Court taking into view the settled legal position in this regard.

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For a period of 30 days from today or till appearance of the applicant before the Court below, whichever is earlier, no coercive action shall be taken against the applicant.

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However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

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It is made clear that no application seeking extension of time shall be entertained if this order is not complied with within the aforesaid period.

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

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Order Date :- 18.2.2021 Ashish

Zavir Husain v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Zavir Husain v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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