Dismissed

Ramzani and 5 Others v. State of U.P. and Another

Allahabad HC28 Aug 2023A482/25105/2023

Case brief

AI extract

What is this about?

The High Court refused the application to quash summoning order, non-bailable warrant, and criminal proceedings. However, it granted relief for a three-week period for surrender and directed the lower courts to dispose of bail applications expeditiously following the Satender Kumar Antil guidelines.

What did the court decide?

Protection granted for three weeks from today; applicants must surrender within three weeks; bail applications to be disposed expeditiously.

Ramzani and 5 Others Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:173347

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 25105 of 2023

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Applicant :- Ramzani And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahmudul Hasan,Mansoor Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Vakalatnama filed today by Sri Anupam Dubey, Advocate, on behalf of the opposite party no.2, is taken on record.

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Heard learned counsel for the applicants, Sri Anupam Dubey, learned counsel for the opposite party no.2, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicants to quash the summoning order dated 15.04.2022 and non bailable warrant dated 09.01.2023 onwards and under section 83 Cr.P.C. dated 15.04.2023 onwards as well as entire proceedings of Complaint Case No.30 of 2021, under Sections 354(A), 452, 323, 504, 506 I.P.C. & 7/8 POCSO Act, P.S. Karari, District Kaushambi, pending in the court of Additional Session Judge (POCSO Act), Court No.9, Kaushambi.

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At the outset learned counsel for the applicants gave up his challenge to the aforesaid summoning order, non-bailable warrant, under section 83 Cr.P.C. dated 15.04.2023 and 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 direction 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 is not pressing the relief as sought for by him 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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In view of the above, the relief as sought by the applicants in the instant application is refused.

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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 applies 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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For a period of three weeks from today, no coercive measure shall be taken against the applicants in the aforesaid case.

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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, non-bailable warrant dated 09.01.2023 shall be kept in abeyance.

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With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 28.8.2023 SKD

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Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Ramzani and 5 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ramzani and 5 Others v. State of U.P. and Another

Case brief

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What did the court decide?

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