Dismissed

Ishtiyak Ahmed v. State of U.P. and Another

Allahabad HC24 Apr 2023A482/13152/2023

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 Cr.P.C. seeking to extend anticipatory bail. The Court held that extending the bail beyond the filing of the police report would amount to an impermissible review of a coordinate Bench's order that limited bail to that stage, violating the embargo under Section 362 Cr.P.C.

What did the court decide?

None; application to extend the order of anticipatory bail was dismissed.

Ishtiyak Ahmed Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 13152 of 2023

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Applicant :- Ishtiyak Ahmed Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Khalil,Mohd. Afzal Ansari Counsel for Opposite Party :- G.A.,Harish Chandra Mishra

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Hon'ble J.J. Munir,J.

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Heard Mr. Mohd. Khalil, learned Counsel for the applicant, Mr. Harish Chandra Mishra, learned Counsel for the complainant/ opposite party and Mr. Shashi Shekhar Tiwari, learned A.G.A. appearing for the State.

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This is an application seeking to quash the order dated 04.02.2023 passed by the Additional Sessions Judge/ Special Judge, Special Court No.1 (P.C. Act), Meerut, rejecting Criminal Revision No.282 of 2021, Istiyak and others vs. State of U.P. and others, arises out of the order dated 16.11.2021 passed by the Judicial Magistrate, Court No.2, Meerut in Case No.454 of 2021, State v. Ishtiyak Ahmed (arising out of Case Crime No.381 of 2018), under Sections 406, 420, 467, 468, 471, 120-B IPC and Section 66 of the I.T. Act, P.S. Mudali, District Meerut issuing coercive processes against the applicant.

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It is submitted by the learned Counsel for the applicant that the order dated 16.11.2021 is bad in law, because the applicant was granted anticipatory bail by this Court vide order dated 20.11.2020 passed in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.5448 of 2020. Learned Counsel for the applicant submits that the Magistrate has issued coercive processes against the applicant, because this Court while granting anticipatory bail vide order dated 20.11.2020 has limited it to the filing of a police report under Section 173(2) Cr.P.C. Learned Counsel for the applicant submits that going by the law laid down by the Supreme Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another, (2020) 5 SCC 1 and a later decision of the three Judge Bench of their Lordships in Dr. Rajesh Pratap Giri v. State of U.P. & another, 2022 (1) All JIC 242 (SC) this Court, in order to prevent abuse of process of Court, should extend the order of anticipatory bail passed earlier until conclusion of trial.

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This Court is afraid that if the relief which the applicant seeks were granted, it would amount to a review of the order passed by the Hon'ble Mr. Justice Siddharth in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.5448 of 2020. Once this Court has limited the order until filing of a police report under Section 173(2) Cr.P.C., it is not open to a coordinate Bench to modify that order, exercising jurisdiction under Section 482 Cr.P.C. If this were done, it would amount to review of the order passed by a coordinate Bench, which is not only improper, but a violation of the embargo under Section 362 Cr.P.C. To the understanding of this Court, no relief can be granted to the applicant.

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This application is, accordingly, dismissed .

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Order Date :- 24.4.2023 Anoop

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Digitally signed by :- ANOOP KUMAR SINGH High Court of Judicature at Allahabad

Ishtiyak Ahmed v. State of U.P. and Another

Case brief

What is this about?

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Ishtiyak Ahmed v. State of U.P. and Another

Case brief

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What did the court decide?

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