Partly allowed

Sayyad Badruddin Bukhari and 3 Others v. State of U.P. and Another

Allahabad HC23 Nov 2023A482/35108/2023

Case brief

AI extract

What is this about?

The High Court refused the applicants' application to quash summons proceedings but granted protection from arrest for two weeks or until surrender, directing expeditious disposal of their bail applications in the lower court.

What did the court decide?

Protection from arrest for two weeks or until surrender; direction to lower court to dispose of bail applications expeditiously in accordance with Satender Kumar Antil guidelines.

Sayyad Badruddin Bukhari and 3 Others Vs… — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:222172

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 35108 of 2023

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Applicant :- Sayyad Badruddin Bukhari And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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

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This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the summoning order dated 22.08.2023 and proceedings of complaint case no. 1065 of 2016 (Smt. Soni vs. Sayyad Badruddin Bukhari and others) , under Sections 323, 354, 506 I.P.C., Police Station Jaitpura, District Varanasi pending in the court of Additional Civil Judge (Junior Division), Court No. 7/Judicial Magistrate, Varanasi.

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At the outset learned counsel for the applicants gave up his challenge to the aforesaid impugned summoning order 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.

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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 wants to surrender before the concerned court below, he has no objection if the Court grants protection to them for a short period.

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

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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 they 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, reported in 2021 SCC Online SC 922.

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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.

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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 :- 23.11.2023 Saurabh

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

Sayyad Badruddin Bukhari and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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Sayyad Badruddin Bukhari and 3 Others v. State of U.P. and Another

Case brief

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