Disposed

Salman Khan and 2 Others v. State of U.P.

Allahabad HC17 Oct 2023A482/27928/2023

Case brief

AI extract

What is this about?

Applicants in a u/s 482 application withdrew challenge to impugned orders but sought protection from arrest while surrendering. Court refused merits relief but granted protection from arrest for two weeks and directed courts below to hear bail expeditiously following Apex Court guidelines.

What did the court decide?

Direction that applicants not be arrested for two weeks or till surrender; direction to courts below to dispose bail application expeditiously.

Salman Khan and 2 Others Vs State of U.P. — Writ and Judicial Review | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:200647

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 27928 of 2023

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Applicant :- Salman Khan And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Vikram Yadav,Satya Prakash Bharti Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard 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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This application under Section 482 Cr.P.C. has been filed by the applicants to quash the complaint dated 20.02.2021, summoning order dated 13.02.2023 and proceedings of complaint case no. 163 of 2021 (Mobin vs. Salman Khan and others) , under Sections 498-A, 323, 504 I.P.C. and Sections 3/4 Dowry Prohibition Act, Police Station Meja, District Prayagraj pending in the court of Xth Additional Chief Judicial Magistrate, Allahabad.

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At the outset learned counsel for the applicants gave up his challenge to the aforesaid impugned summoning order 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 are not pressing the relief as sought for by them on merits and wants 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 two 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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For the period of two 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 and directions, this application under Section 482 Cr.P.C. is disposed of .

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Order Date :- 17.10.2023 Saurabh

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

Salman Khan and 2 Others v. State of U.P.

Case brief

What is this about?

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Salman Khan and 2 Others v. State of U.P.

Case brief

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