The court dismissed the prayer to quash proceedings as not pressed by the applicant. The court directed a stay on coercive action if the applicant surrenders and applies for bail within two weeks.
Stayed coercive action if the applicant surrenders and applies for bail within two weeks;
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Court No. - 69
Case :- APPLICATION U/S 482 No. - 3303 of 2023
Applicant :- Altaf Alias Multaz Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rishikesh Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
List revised.
Heard Sri Rishikesh Tripathi, learned counsel for the applicant, Sri Raj Kumar Gupta, learned counsel for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant Altaf alias Multaz with the prayer to quash the entire criminal proceeding of Criminal Case No. 7726 of 2018 (State Vs. Izhar and others) including summoning order dated 15.9.2018 arising out of Case Crime No.264 of 2017, in pursuance of Charge Sheet dated 8.6.2017 u/s 419, 420, 452, 504 IPC, P.S. Naini, District Allahabad pending in the court of Addl. Chief Judicial Magistrate, Court No.2, Allahabad and further to stay the further proceedings of aforesaid case during the pendency of the present application before this Hon'ble Court.
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 entire proceedings, charge sheet and summoning order 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 entire proceedings, charge sheet and summoning order is dismissed as not pressed.
However, in view of the peculiar facts and circumstances 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 applies for bail within two weeks 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 in the aforesaid case.
It is clarified that if the accused-applicant do 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.
(Samit Gopal, J.)
Order Date :- 21.2.2023 Gaurav
Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad
1 provisions across 1 enactments
Altaf Alias Multaz
State of U.P.
Samit Gopal
As recorded by the court registry
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