Disposed

Khursheed Ahmad Khan and 3 Others v. State of U.P. and Another

Allahabad HC14 Mar 2023A482/34551/2022

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. disposed of by granting relief to surrender before lower court within 28 days, permitting bail filing during that period with no coercive action.

What did the court decide?

Applicants granted protection to surrender within 4 weeks; liberty to file bail application on the fixed date; no coercive action during the period.

Khursheed Ahmad Khan and 3 Others Vs State of… — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 34551 of 2022

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Applicant :- Khursheed Ahmad Khan And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Abou Sofian Usmani Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Abou Sofian Usmani, learned counsel for the applicants, Mr. K.P. Pathak, learned AGA for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant to set aside the impugned summoning order dated 10.11.2009 passed by Judicial Magistrate, Ghazipur in Criminal Old Case No. 2187 of 2009 "New Case No. 991 of 2010" (Sadab Khan Vs. Saleem Khan and others) as well as impugned order dated 18.09.2021 passed by Additional Sessions Judge, Court No. 3, Ghazipur in Criminal Revision No. 101 of 2017 (CNR No. UPGH1002294-2017) (Khursheed Ahmad Khan Vs. State of U.P. and others).

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At the very outset, learned counsel for the applicants gave up his challenge to the aforesaid prayer 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/surrender application of the applicants expeditiously.

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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 in granting protection to them for a short period.

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In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall file a surrender application before the concerned court below on or before 4th April, 2023. On receiving the surrender application, the court concerned shall obtain instructions from the public prosecutor and fix a date for appearance/surrender

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of the applicant(s) and for hearing the applicant(s) on surrender application.

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On the date fixed by the Court concerned, the applicant(s) will have liberty to prefer a bail application and a copy of the same be provided to the public prosecutor. In case, any such bail application is filed, the same shall be considered by the court below along with the surrender application, on the date fixed, 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, reported in (2021) 10 SCC 773.

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For the period of four weeks from today or till the surrender application is decided, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.

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In case the applicant(s) does not comply with the aforesaid directions, the court below shall be free to take such measures for appearance of the applicant(s) as required under the law.

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With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 14.3.2023 Arti

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Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad

Khursheed Ahmad Khan and 3 Others v. State of U.P. and Another

Case brief

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Khursheed Ahmad Khan and 3 Others v. State of U.P. and Another

Case brief

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