Applicants gave up quashing challenge and requested bail date protection. Court denied quashing but directed surrender within two weeks with arrest prohibition and expedited bail consideration.
No arrest for two weeks or till surrender; expedited disposal of bail application framed.
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Neutral Citation No. - 2023:AHC:208100
Court No. - 88
Case :- APPLICATION U/S 482 No. - 31303 of 2023
Applicant :- Anees Ahmad And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anuj Kumar Sen,Raj Kumar Sharma Counsel for Opposite Party :- G.A.,Ravindra Kumar Yadav,Sandeep Kumar Yadav
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1, learned counsel for the opposite party no.2 and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 16.12.2019, cognizance order dated 10.07.2020, non-bailable warrant dated 22.06.2023 and proceedings of Case No. 5840 of 2022 (State Vs. Anees Ahmad and others) arising out of Case Crime No. 114 of 2019, under Sections 419, 420, 406, 504, 506 IPC, Police Station Mubarakpur, District Azamgarh pending in the court of Chief Judicial Magistrate, Azamgarh.
At the outset, learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet, cognizance order, non-bailable warrant 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.
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.
In view of the above, the relief as sought by the applicants in the instant application is refused.
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 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, 2021 SCC Online SC 922.
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.
With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 31.10.2023 Shubham
Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether to grant protection to applicants instead of hearing merits of quashing application?
Whether bail application should be disposed of expeditiously?
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherExplained¶12
Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922 · Who else cites this
1 provisions across 1 enactments
Anees Ahmad And 3 Others
State of U.P.
Sanjay Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
