Application under Section 482 Cr.P.C. for quashing proceedings deemed not pressed. Court directed expedited bail consideration upon surrender within 30 days, granting immunity from coercive action during this period.
Prayer for quashing dismissed; applicant directed to apply for bail within 30 days; no coercive action till then.
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Court No. - 69
Case :- APPLICATION U/S 482 No. - 3132 of 2023
Applicant :- Md. Kamran Opposite Party :- State Of U.P. . And Another Counsel for Applicant :- Arvind Kumar Dixit Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
List revised.
Heard Sri Arvind Kumar Dixit, learned counsel for the applicant, Sri B.B. Upadhyay, learned counsel for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant- Md. Kamran with the prayer to allow this application and quash the entire proceeding as well as impugned chargesheet dated 22.10.2020 & cognizance order dated 24.03.2021 in Case No. 4235 of 2021 (State Vs. Md. Kamran and others) arising out of Case Crime No. 152 of 2020, under Sections 414, 420 I.P.C., Police Station Civil Lines, Aligarh District Aligarh pending before the C.J.M., Aligarh District Aligarh with a further prayer that proceedings of the aforesaid case be stayed against the applicants during the pendency of the present application.
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 of the charge sheet, cognizance order and the proceedings of the case but he does not press the same.
Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicant.
In view of the above, the prayer for quashing of proceedings/cognizance order/charge sheet is dismissed as not pressed.
However, in view of the peculiar facts and circumstance 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 apply for bail within 30 days from today, the same shall be considered and decided expeditiously
in accordance with law. Till the aforesaid period, no coercive action shall be taken against the applicant.
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.
The present application is disposed of.
Order Date :- 8.2.2023 AS Rathore
(Samit Gopal,J.)
Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad
1 provisions across 1 enactments
Md. Kamran
Samit Gopal
As recorded by the court registry
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