Single judge order dismissing unpressed quashing prayer in Section 482 application while directing trial court to expedite bail consideration if applicant surrenders.
Prayer for quashing dismissed as not pressed; directive to trial court for expeditious bail if accused surrenders within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 71
Case :- APPLICATION U/S 482 No. - 11213 of 2023
Applicant :- Saddam Natt Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kripa Shankar Shukla,Tej Prakash Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
List revised.
Heard Sri Tej Prakash Mishra, learned counsel for the applicant, Sri B.B. Upadhyay, learned counsel for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant Saddam Natt with the prayer to quash the impugned charge sheet dated 18.5.2022 as well as cognizance/summoning order dated 14.6.2022 passed by learned F.T.C. (S.D.) A.C.J.M., Deoria in Case No. 6845 of 2022, State vs. Saddam, arising out of Case Crime No. 207 of 2021, under Sections 376, 506 I.P.C., P.S.- Lar, District Deoria, pending before the F.T.C. (S.D.) A.C.J.M., Deoria and with the further prayer to stay the further proceedings of said case including the summoning order dated 14.6.2022 during pendency of the present application.
At the very outset, learned counsel for the applicant states that the purpose of the applicant would suffice if an order is passed directing the trial court to decide the bail application of the applicant, as expeditiously as possible. He further states that although the prayer has been made for quashing of the charge sheet, cognizance/summoning order of the case but he does not press the same. He further states that the applicant shall raise all the questions before the trial court at the appropriate stage.
Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicant.
In view of the above, the prayer for quashing of cognizance/summoning order/charge sheet is dismissed as not pressed.
However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicant, it is directed that if the accused-applicant surrenders before the trial court and applies for bail within two weeks from
today, the same shall be considered and decided expeditiously in accordance with law. Till the aforesaid period, no coercive action shall be taken against the applicant.
It it clarified that if the accused-applicant does not appear before the court concerned by the said date, the court concerned shall proceed against him in accordance with law.
The present application is disposed of.
(Samit Gopal,J.)
Order Date :- 4.4.2023 {Naresh}
Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad
Saddam Natt
State of U.P.
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
