Disposed

Bablu Alias Bablu Ahamad v. State of U.P. and Another

Allahabad HC12 Apr 2023A482/11559/2023

Case brief

AI extract

What is this about?

In a Section 482 Cr.P.C. application filed to quash proceedings in a domestic violence case, the applicant conceded the principal relief and sought only protection from arrest while surrendering. The High Court granted non-arrest for six weeks and ordered expeditious bail disposal.

What did the court decide?

Non-arrest for six weeks and direction to dispose of bail application expeditiously.

Bablu Alias Bablu Ahamad Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 11559 of 2023

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Applicant :- Bablu Alias Bablu Ahamad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nirbhay Singh Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the applicant, learned counsel for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant to quash the summoning order dated 17.08.2021 and the entire proceeding of Complaint Case No. 1918 of 2017 (Reshma Vs. Bablu and Others), under Sections 498-A, 323 I.P.C. and Section 3/4 D.P. Act, Police Station Dataganj, District Budaun, pending in the Court of learned Additional Chief Judicial Magistrate, Room No. 2, Budaun.

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At the very outset learned counsel for the applicant gave up his challenge to the aforesaid summoning order and entire proceedings 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.

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Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by him on merits and want to surrender before the concerned court below, he has no objection in granting protection to him for a short period.

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In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within six weeks from today and in case apply for bail, the bail application of the applicant 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) 10 SCC 773.

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For the period of six weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, he shall not be arrested 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 :- 12.4.2023 SK Srivastava

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Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Bablu Alias Bablu Ahamad v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Bablu Alias Bablu Ahamad 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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