Disposed

Saif Ahmad and 5 Others v. State of U.P. and Another

Allahabad HC23 Feb 2023A482/17048/2021

Case brief

AI extract

What is this about?

Coram of Nand Prabha Shukla, J. disposed of a Section 482 application where counsel withdrew challenge to charges but sought a direction for expeditious bail. Court granted four-weeks protection from arrest pending surrender.

What did the court decide?

Direction to surrender within four weeks; protection from arrest for that period; bail to be disposed of expeditiously.

Saif Ahmad and 5 Others Vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 17048 of 2021

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Applicant :- Saif Ahmad And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shivendra Raj Singhal Counsel for Opposite Party :- G.A.,Mohammad Firoz Khan,Mohd. Asim Zulfiquar

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Hon'ble Ms. Nand Prabha Shukla,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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The instant application under Section 482 Cr.P.C. has been filed by the applicants to quash/stay the charge sheet dated 10.03.2021 as well as summoning order dated 16.08.2021 and entire proceedings of Case No. 1148 of 2021 (State vs. Saif Ahmad and 5 Others) arising out of Case Crime No. 0908 of 2020, under Sections 498A, 504 and 506 IPC, Section 3/4 of D.P. Act, Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act, 2019 and Section 67 of Information Technology (Amendment) Act, 2008, Police Station- Kareli, District Prayagraj, pending in the Court of Learned Judicial Magistrate, Court No. 4, Allahabad.

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After arguing the matter at some length, learned counsel for the applicants gave up his challenge to the aforesaid impugned chargesheet, summoning order and entire proceedings against the applicants and confined his submission 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 at the outset may be issued to the concerned courts below to consider and decide the bail application of the applicants expeditiously.

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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 in granting protection to them for a short period.

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In view of above, 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 four weeks from today and in case apply for bail, the bail

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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) 10 SCC 773.

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For the period of four 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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With the above observations/directions, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 23.2.2023 Shivani

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

Saif Ahmad and 5 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Saif Ahmad and 5 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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