Disposed

Farman and 6 Others v. State of U.P. and Another

Allahabad HC3 Oct 2023A482/18902/2018

Case brief

AI extract

What is this about?

The court refused the primary prayer to quash proceedings but directed the High Court would entertain an alternative prayer for protection during surrender. The applicants were granted an invocation safe for three weeks pending bail disposal in the trial court.

What did the court decide?

Direction not to arrest applicants for three weeks to facilitate surrender pending bail disposal in trial court.

Farman and 6 Others Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:189811

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 18902 of 2018

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Applicant :- Farman And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Kumar Tripathi,Krishna Dev Mishra Counsel for Opposite Party :- G.A.,Ajay Kumar Mishra,Riyajuddin Ansari

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Hon'ble Sanjay Kumar Singh,J.

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1-Heard Mr. Riyajuddina Ansari, learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

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2-This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 31.03.2018, cognizance order dated 20.04.2018 and proceedings of Criminal Case No. 04 of 2018 (State Vs. Farman and others) arising out of Case Crime No. 04 of 2018, under Sections 498-A, 323, 376, 511, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station-Mahila Thana, DistrictAmroha, pending in the court of learned Civil Judge (S.D.)/Fast Track Court, Amroha.

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3-It is submitted by learned counsel for the applicants that initially when this application was filed, matter was referred to Mediation Centre vide order of the coordinate Bench of this Court dated 28.05.2018, but parties concerned did not appear before the Mediation Centre and interim order which was granted on 28.05.2018 was also not extended thereafter. Learned counsel for the applicants after advancing his arguments at some length and putting certain query by the Court, gave up his challenge to the aforesaid impugned charge-sheet, cognizance order and impugned criminal 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

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direction may be issued to the concerned courts below to consider and decide the bail application of the applicants expeditiously.

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4-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 if the Court grants protection to them for a short period.

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5-In view of the above, the relief as sought by the applicants in the instant application is refused.

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6-However 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 three weeks from today and in case they apply for bail, the bail 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 SCC Online SC 922.

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7-For the period of three 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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8-With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 3.10.2023 Kashifa

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Digitally signed by :- KASHIFA High Court of Judicature at Allahabad

Farman and 6 Others v. State of U.P. and Another

Case brief

What is this about?

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Farman and 6 Others v. State of U.P. and Another

Case brief

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What did the court decide?

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