Gayasuddin Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2023)

Gayasuddin Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2023)

What the court decided

AI extract

Outcome

Principal quashing relief refused; applicant granted protection from arrest for two weeks or until surrender (whichever is earlier), with directions to surrender within two weeks and for expeditious disposal of his bail application by the courts below in accordance with law and the Satender Kumar Antil guidelines.

Issue for consideration

Whether the summoning order dated 25.07.2018 and the criminal proceedings in Complaint Case No. 1109 of 2016 under Section 420 IPC against the applicant should be quashed. +1 more

Court's answer

The relief as sought by the applicant in the instant application (quashing of the summoning order and criminal proceedings) is refused, the challenge having been given up by counsel.

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 disposed of expeditiously by the courts below in accordance with law, keeping in view the guidelines laid down by the Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.

Key takeaways

For two weeks from the date of the order or till surrender, whichever is earlier, the applicant shall not be arrested in the above case.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Singh, J.) disposed of an application under Section 482 Cr.P.C. (Application U/S 482 No. 34366 of 2023) filed by Gayasuddin seeking quashing of the summoning order dated 25.07.2018 and proceedings of Complaint Case No. 1109 of 2016 (Mohd. Iliyas Vs. Sakhawat Husain and others) under Section 420 IPC, Police Station Thakurdwara, District Moradabad. Counsel for the applicant gave up the challenge to the summoning order and criminal proceedings and confined the prayer to protection for surrender and expeditious bail disposal. The Court refused the principal relief but directed the applicant to surrender within two weeks, directed that his bail application be disposed of expeditiously in accordance with law keeping in view the guidelines in Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922, and ordered that he not be arrested for two weeks or until surrender, whichever is earlier.

Neutral Citation No. - 2023:AHC:214394

Court No. - 88

Case :- APPLICATION U/S 482 No. - 34366 of 2023

Applicant :- Gayasuddin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailendra Kumar Ojha,Mohammad Sakir Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicant to quash the summoning order dated 25.07.2018 and proceedings of Complaint Case No. 1109 of 2016 (Mohd. Iliyas Vs. Sakhawat Husain and others), under Section 420 IPC, Police Station Thakurdwara, District Moradabad pending in the court of Judicial Magistrate, Thakurdwara, District Moradabad.

At the outset, learned counsel for the applicant gave up his challenge to the aforesaid impugned summoning order and criminal proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. Learned counsel for the applicant 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 applicant expeditiously.

Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by him on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to him for a short period.

In view of the above, the relief as sought by the applicant in the instant application is refused.

However, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within two weeks from today and in case applies for bail, the bail application of the applicant 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 applicant before the concerned court below, whichever is earlier, he 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 :- 7.11.2023 Shubham

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