Disposed¶9

Rizwan v. State of U.P. and Another

Allahabad HC17 May 2023A482/18335/2023

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. quashing application; Allahabad High Court; neutral citation 2023:AHC:107594; Shekhar Kumar Yadav, J.; Session Trial No.866 of 2022; Case Crime No.151 of 2015; Sections 147, 148, 149, 504, 307, 302 IPC; summoning order dated 30.08.2016; non-bailable warrant; Section 82 Cr.P.C. proceedings; applicant working in Saudi Arabia; returned to India on 22.04.2023; charge sheet exonerating applicant (as submitted); surrender within two weeks; bail application to be considered expeditiously; no coercive steps for two weeks; no further time for surrender; application disposed of.

What did the court decide?

Applicant to appear and surrender before the court below within two weeks and apply for bail, which shall be considered and disposed of expeditiously; no coercive steps against him for two weeks; no further time granted for surrender.

Rizwan Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire proceedings of Session Trial No.866 of 2022 (arising out of Case Crime No.151 of 2015, under Sections 147, 148, 149, 504, 307, 302 IPC), the summoning order dated 30.08.2016, the non-bailable warrant and the Section 82 Cr.P.C. proceedings against the applicant should be quashed, and whether protection from coercive steps should be granted to the applicant.

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Court's answer

If the applicant appears and surrenders before the court below within two weeks and applies for bail, the bail application shall be considered and disposed of expeditiously.

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Ratio / Principle

No coercive steps shall be taken against the applicant for a period of two weeks.

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Key takeaways

The applicant will not be granted any further time by this Court to surrender before the court below as directed.ratio¶10

Detailed headnote1 paragraphs

Allahabad High Court (Shekhar Kumar Yadav, J.), Application U/S 482 No. 18335 of 2023, order dated 17.5.2023: The applicant sought quashing of the entire proceedings of Session Trial No.866 of 2022 (arising out of Case Crime No.151 of 2015, under Sections 147, 148, 149, 504, 307, 302 IPC), the summoning order dated 30.08.2016, the non-bailable warrant and the Section 82 Cr.P.C. proceedings. Learned Senior Counsel submitted that the charge sheet exonerated the applicant, who was employed in Saudi Arabia and learnt of the proceedings only on returning to India on leave on 22.04.2023, having received no notice or summons, and that all co-accused had already been granted bail. Without deciding the quashing prayer on merits, the Court directed that if the applicant appears and surrenders before the court below within two weeks and applies for bail, the bail application shall be considered and disposed of expeditiously; no coercive steps were to be taken against him for two weeks; and no further time would be granted for surrender. The application was disposed of.

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Neutral Citation No. - 2023:AHC:107594

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 18335 of 2023

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Applicant :- Rizwan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohd Javed Akhter, Mohd. Monis,Sr. Advocate Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard Mr. N.I. Jafri, learned Senior Counsel assisted by Mohd Javed Akhter and Mohd. Monis, learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

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This application under Section 482 Cr.P.C. has been filed by applicant to quash the entire proceeding of Session Trial No.866 of 2022 arising out of Case Crime No.151 of 2015, under Sections 147, 148, 149, 504, 307, 302 IPC as well as impugned summoning order dated 30.08.2016 including the non bailable warrant and proceeding Section 82 Cr.P.C. in Session Trial No.866 of 2022.

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Learned counsel for the applicant has submitted that the Investigating Officer has submitted charge sheet in which the name of the applicant was exonerated, thereafter, the applicant went to Saudi Arabia for his livelihood because he was doing job at Saudi Arabia for long. On 22.04.2023, the applicant came to India on leave and got knowledge about the proceeding initiated against him. The applicant could not receive any notice or summon, hence, he could not appear before the court below and ultimately the court below has issued summon against the applicant. He has further submitted that all the accused persons have already granted bail by the learned court below. The applicant is ready to appear before the trial court, hence, some protection may be granted to him.

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Considering the facts and circumstances of the case as well as submissions advanced, it is provided that in case the applicant appears and surrender before the court below within two weeks from today and applies for bail, the same shall be considered and disposed of expeditiously. For a period of two weeks, no coercive steps shall be taken against him.

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It is made clear that the applicant will not be granted any further time by this Court for surrendering before the Court below as directed above.

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With the aforesaid observations, the present application is disposed of .

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Order Date :- 17.5.2023 Ajeet

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

Rizwan v. State of U.P. and Another

Case brief

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Rizwan v. State of U.P. and Another

Case brief

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