Disposed¶13

Mohammad Farook and 5 Others v. State of U.P. and Another

Allahabad HC18 Aug 2023A482/28021/2023

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. quashing application not pressed on merit; charge-sheet dated 2.7.2021; Case No.74 of 2022; Case Crime No.35 of 2020; Sections 147, 148, 307, 332, 353 IPC; Section 7 Criminal Law Amendment Act; P.S. Kotwali Nagar, District Aligarh; surrender within two weeks; expeditious bail disposal per Satender Kumar Antil v. CBI, 2021 SCC OnLine SC 922; interim protection from coercive action; Allahabad High Court; Order dated 18.8.2023.

What did the court decide?

Main relief (quashing of the charge-sheet and proceedings) refused; alternative prayer allowed by directing surrender within two weeks, expeditious disposal of the bail application in accordance with Satender Kumar Antil (2021 SCC OnLine SC 922), and no coercive action for two weeks or till surrender, whichever is earlier. ¶13

Mohammad Farook and 5 Others 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 charge-sheet dated 2.7.2021 and the entire proceeding of Case No.74 of 2022 (arising out of Case Crime No.35 of 2020) should be quashed under Section 482 Cr.P.C. +1 more

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Court's answer

Since the applicants did not press the quashing relief on merit, the relief sought through the application is refused.

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Ratio / Principle

The applicant is directed to surrender before the concerned court below within two weeks, and if he applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with the law laid down by the Apex Court in Satender Kumar Antil v. CBI (2021 SCC OnLine SC 922).

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Key takeaways

For two weeks from the date of the order or until surrender of the applicant before the court below, whichever is earlier, no coercive action shall be taken against him.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Prakash Padia, J.) disposed of an application under Section 482 Cr.P.C. by Mohammad Farook and five others seeking quashing of the charge-sheet dated 2.7.2021 and the entire proceeding of Case No.74 of 2022, arising out of Case Crime No.35 of 2020 under Sections- 147, 148, 307, 332, 353 IPC and Section 7 of Criminal Law Amendment Act, Police Station Kotwali Nagar, District Aligarh. Counsel did not press the quashing relief on merit and prayed instead for a direction to the courts below to decide the bail application expeditiously; the main relief was accordingly refused. The Court directed the applicant to surrender within two weeks, directed that any bail application be decided expeditiously in accordance with the law laid down in Satender Kumar Antil v. Central Bureau of Investigation, 2021 SCC OnLine SC 922, and ordered that no coercive action be taken against the applicant for two weeks or till surrender, whichever is earlier.

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Neutral Citation No. - 2023:AHC:166529

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Court No. - 4

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Case :- APPLICATION U/S 482 No. - 28021 of 2023

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Applicant :- Mohammad Farook And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ansar Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Prakash Padia,J.

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Heard Ms. Sandhya Chaturvedi, learned counsel for the applicants and learned A.G.A for the State-respondents.

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The applicants have preferred the present Application under Section 482 of Code of Criminal Procedure, 1973 to quash the charge-sheet dated 2.7.2021 as well as entire proceeding of Case No.74 of 2022 arising out of Case Crime No.35 of 2020 under Sections- 147, 148, 307, 332, 353 IPC and Section 7 of Criminal Law Amendment Act, Police Station- Kotwali Nagar, DistrictAligarh.

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On the matter being taken up, learned counsel for the applicant has not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicant expeditiously.

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Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicant.

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Accordingly the relief as sought by the applicant through this application is refused.

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Considering the aforesaid alternative prayer of the applicant, it is directed that applicant shall surrender before the concerned Court below within two weeks from today and in case applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with law 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 applicant before the Court below, whichever is earlier, no coercive action shall be taken against him.

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With the aforesaid directions, this application under Section 482 Cr.P.C. stands disposed of.

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Order Date :- 18.8.2023 S.K.

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Digitally signed by :- SWEETY KANOJIA High Court of Judicature at Allahabad

Mohammad Farook and 5 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mohammad Farook 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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What the court decided

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