Dismissed

Shahrukh Khan v. State of U.P. and Another

Allahabad HC2 Feb 2023A482/2358/2023

Case brief

AI extract

What is this about?

The HEC dismissed the prayer to quash the charge sheet and stay proceedings as not pressed. It directed that if the applicant surrenders and applies for bail within two weeks, it shall be decided expeditiously, with no coercive action till then.

What did the court decide?

Prayer to quash stayed; applicant directed to surrender within two weeks to have bail application considered expeditiously; no coercive action pending surrender.

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

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 2358 of 2023

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Applicant :- Shahrukh Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Bhushan Yadav,Krishna Pratap Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Krishna Pratap Yadav, learned counsel for the applicant, Sri S.B. Maurya, learned counsel for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant Shahrukh Khan with the prayer to allow this application and quash the charge sheet No. 0041 of 2022 dated 16.03.2022 as well as cognizance dated 15.11.2022 in S.C. No. 1437 of 2022 (State Vs. Shahrukh Khan) arising out of Case Crime No. 210 of 2021, under Sections 354, 504, 506 I.P.C. and Section 7/8 POCSO Act, Police Station Roora, District Kanpur Dehat, pending in the court of Additional District Judge13/Special Judge (POCSO Act), Kanpur Dehat and with further that further proceedings of the aforesaid case be stayed against the applicant, during the pendency of the present application.

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At the very outset, learned counsel for the applicant states that the purpose of the applicant would suffice if an order is passed directing the trial court to decide the bail application of the applicant, as expeditiously as possible. He further states that although the prayer has been made for quashing and staying the further proceedings of the case but he does not press the same.

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Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicant.

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In view of the above, the prayer for quashing of and staying the further proceedings of the aforesaid case is dismissed as not pressed.

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However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicant, it is directed that if the accused-applicant surrenders before the trial court and applies for bail within two weeks from today, the same shall be considered and decided expeditiously

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in accordance with law. Till the aforesaid period, no coercive action shall be taken against the applicant.

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It it clarified that if the accused-applicant does not appear before the court concerned by the said date, the court concerned shall proceed against him in accordance with law.

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The present application is disposed of.

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Order Date :- 2.2.2023 M. ARIF

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(Samit Gopal, J.)

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Shahrukh Khan v. State of U.P. and Another

Case brief

What is this about?

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Shahrukh Khan v. State of U.P. and Another

Case brief

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