Court rejected bail quashing application as grounds are for trial court but stayed coercive action for 21 days if surrender is made.
Application for quashing and stay refused; coercive action stayed for 21 days if accused surrenders.
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Court No. - 88
Case :- APPLICATION U/S 482 No. - 3051 of 2022
Applicant :- Danish Ali And 2 Other Opposite Party :- State Of U.P Thru Secretary Home Lknw. And Another Counsel for Applicant :- Shaili Ganguly,Archana Jha,Pragati Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Aslam,J.
Heard learned counsel for the applicants and learned A.G.A. on behalf of the State.
The instant application under Section 482 Cr.P.C. is moved by the applicants for quashing the entire proceedings of cognizance order dated 20.01.2015 as well as charge-sheet dated 23.04.2015 and the N.B.W. dated 02.12.2021 passed in Case No.662 of 2015 (State v. Nazeer Ahmad & Ors.) (arising out of Case Crime No.57 of 2015), under Sections 506, 352 IPC, Police Station-Milak, District-Rampur, with an alternative prayer to stay the entire proceedings of the aforesaid case.
It is submitted by the leaned counsel for the applicants that the applicants were not named in the F.I.R. and their names for the first time was surfaced in the statement of informant recorded by I.O. under Section 161 Cr.P.C. It is further submitted that N.B.Ws. have been issued against the applicants on 02.12.2021 after taking cognizance, therefore, it is liable to be quashed.
Learned counsel for the applicants has confined his argument to the law laid down by Hon'ble Apex court in Satender Kumar Antil v. Central Bureau of Investigation & Anr. reported in (2021) 10 SCC 773 and prayed for disposal of the bail application .
Learned A.G.A. for the State has opposed this application u/s 482 by submitting that the veracity can be decided after recording the statement of the witnesses that concerned to the appreciation of the evidence, which cannot be done at this stage.
From the perusal of record it appears that grounds alleged in the application can be decided by the trial court, therefore, I do not find any cogent reason to interfere in the cognizance order.
The prayer for quashing of entire proceedings, charge-sheet, N.B.W. and stay the entire proceedings is refused.
However, if the accused-applicants surrender before the court below and move bail application within 21 days from today, the court below shall decide the bail application according to the law laid down in Satender Kumar Antil (supra).
For a period of 21 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.
The application is, accordingly, disposed of.
Order Date :- 19.4.2022 Zafar
Digitally signed by MOHAMMAD ZAFAR ANSARI Date: 2022.04.22 09:59:04 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicants' application under Section 482 Cr.P.C. for quashing criminal proceedings and issuance of N.B.W.s should be allowed.
Whether coercive action can be stayed against the applicants for a limited period.
Whether the trial court can decide the grounds raised by the applicants.
Colour shows how this judgement treated each authority
Satender Kumar Antil v. Central Bureau of Investigation & Anr.Referred¶8
Satender Kumar Antil v. Central Bureau of Investigation & Anr. (2021) 10 SCC 773 · Who else cites this
1 provisions across 1 enactments
Danish Ali
State Of U.P
Mohd. Aslam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
