Disposed

Liyaqat and 6 Ors. v. State of U.P. and Anr.

Allahabad HC26 Sept 2023A482/11423/2020

Case brief

AI extract

What is this about?

Applicants filed an application under Section 482 Cr.P.C. to quash proceedings. On appeal, they withdrew the challenge to the chargesheet and requested protection to surrender. The court refused the quash plea but granted non-arrest protection for two weeks to allow surrender and directed expedited bail disposal.

What did the court decide?

Direction to not arrest applicants for two weeks; direction for expedited disposal of bail application; return of Rs. 15,000 deposit.

Liyaqat and 6 Ors. Vs State of U.P. and Anr. — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:187142

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 11423 of 2020

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Applicant :- Liyaqat And 6 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Siraj Ahmad Khan,Pankaj Kumar Tiwari,Ziauddin Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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1-Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

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2-This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 30.09.2019 and proceedings of Criminal Case No. 2784 of 2019 (State Vs. Gulfraz) arising out of Case Crime No. 168 of 2019, under Sections 323, 498-A I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station-Haizpur, District-Hapur, pending in the court of Additional Chief Judicial Magistrate-I, Hapur.

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3-It is submitted by learned counsel for the applicants that applicants are father-in-law, motherin-law, brothers-in-law (Dever) and sister-in-law (Jethani) of opposite party no.2 respectively. Initially when the instant application was preferred by the applicants, the matter was referred to Mediation Centre of this Court vide order of this Court dated 25.06.2020 at the request of applicants and applicants were directed to pay a sum of Rs. 15,000/by way of demand draft in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre. The said amount was deposited by the applicants within time, but despite receiving notice, opposite party no.2 did not turn up before Mediation Centre, whereas applicants were present. Therefore, no mediation took place between the parties concerned. Learned counsel for the applicants after advancing his arguments at some length and putting certain query by the Court, gave up his challenge to the aforesaid impugned chargesheet and impugned criminal proceedings against the applicants and confined his submission

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requesting to grant some protection to the applicants to surrender before the concerned court below. The learned counsel for the applicants 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 applicants expeditiously.

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4-Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and want to surrender before the concerned court below, he has no objection if the Court grants protection to them for a short period.

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

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6-However considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within two weeks from today and in case they apply for bail, the bail application of the applicants shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another , reported in 2021 SCC Online SC 922.

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7-For the period of two weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, they shall not be arrested in the above case.

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

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9-Authority concerned shall return a sum of Rs. 15,000/- deposited by the applicant no.1 pursuant to order of this Court dated 25.06.2020 to the applicant no.1 within two weeks.

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Order Date :- 26.9.2023 Kashifa

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Digitally signed by :- KASHIFA High Court of Judicature at Allahabad

Liyaqat and 6 Ors. v. State of U.P. and Anr.

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Liyaqat and 6 Ors. v. State of U.P. and Anr.

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