Disposed

Aazam v. State of U.P. and Another

Allahabad HC25 Apr 2023A482/13480/2023

Case brief

AI extract

What is this about?

The applicant sought to quash proceedings for alleged cheating and criminal conspiracy. The court did not dismiss the quashing prayer but directed the lower courts to decide the applicant's pending bail application expeditively within three weeks if he surrenders. No coercive action was to be taken during this period.

What did the court decide?

Direction to lower courts to decide bail application expeditively within three weeks if applicant surrenders; no coercive action for that period.

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

¶1

Court No. - 69

¶2

Case :- APPLICATION U/S 482 No. - 13480 of 2023 Applicant :- Aazam Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rizwan Ullah Siddiqui Counsel for Opposite Party :- G.A.

¶3

Hon'ble Vipin Chandra Dixit,J.

¶4

Heard Mr. Rizwan Ullah Siddiqui, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

¶5

This application u/s 482 Cr.P.C. has been filed for quashing of charge-sheet dated 10.6.2020 as well as entire proceedings in Case No. 10766 of 2020(State vs. Aafir and others), arising out of Case Crime No. 493 of 2019, under Sections 420,406,120B I.P.C., Police Station Kutubsher, District Saharanpur pending in the Court of C.J.M., Saharanpur.

¶6

The contention of counsel for the applicant is that no offence against the applicant is disclosed and the present case has been instituted with a malafide intention for the purposes of harassment.

¶7

After arguing the case for some time, learned counsel for the applicant submits that the applicant does not want to press the prayer for quashing of entire criminal proceedings and the purpose of his client would suffice, if a direction may be given to the courts below to decide the bail application within specific time frame.

¶8

Considering the facts and circumstances of the case, it is provided that if the applicant surrenders and applies for bail within three weeks from today, the Courts below may decide the bail application of the applicant expeditiously in the light of guidelines laid down by Hon'ble Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation & Another reported in (2021) 10 SCC 773.

¶9

For the period of three weeks, no coercive action shall be taken against the applicant in the aforesaid case.

¶10

With the above directions, present application U/s 482 Cr.P.C. is disposed of.

¶11

Order Date :- 25.4.2023/P.P.

¶12

Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad

Aazam v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Aazam v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Umesh Chandra Gupta Vs State of U.P. and 3 Others

Billu@ Balraj and Another Vs State of U.P. and Another

Smt. Shiva @ Aditi Vs State of U.P. and 2 Others

Shekhu @ Shanku Vs State of U.P. and Another

Anuj Kumar Vs State of U.P. and Another

Rohit Kumar Singh and Others Vs State of U.P.and Another