Disposed

Asgar Ali and 4 Others v. State of U.P. and Another

Allahabad HC20 Feb 2023A482/3904/2023

Case brief

AI extract

What is this about?

Application under Section 482 CrPC filed by accused to quash proceedings was dismissed as not pressed. Court directed that bail applications, if filed within two weeks upon surrender, will be decided expeditiously and coercive action is stayed for that period.

What did the court decide?

Directs trial court to decide bail application expeditiously if applicants surrender and apply within two weeks; stays coercive action during this period.

Asgar Ali and 4 Others Vs State of U.P. and… — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 3904 of 2023

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Applicant :- Asgar Ali And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Yadavendra Dwivedi,Deepak Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Yadavendra Dwivedi, learned counsel for the applicants, Sri S.B. Maurya, learned counsel for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicants-Asgar Ali, Aashiq Ali, Mansoor Ali, Mohd. Yamin and Nazir Ahmad with the prayer to quash the Charge Sheet dated 18.12.2020 u/s 7 of Crl. Law (Amendment) Act, 1932 and Sections 147, 323, 336, 353, 427, 504 IPC, P.S. Chamanganj, District Kanpur Nagar arising out of Case Crime No.353 of 2020 taking cognizance dated 18.2.2021 passed by Addl. Civil Judge (J.D.), Kanpur Nagar as well as entire proceedings of Case No.27377 of 2021 u/s 7 of Crl. Law (Amendment) Act, 1932 and Sections 147, 323, 336, 353, 427, 504 IPC, P.S. Chamanganj, District Kanpur Nagar pending before Addl. Civil Judge (J.D.), Court No.10, Kanpur Nagar and further to stay the further proceedings of aforesaid case during the pendency of the present application before this Hon'ble Court.

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At the very outset, learned counsel for the applicants states that the purpose of the applicants would suffice if an order is passed directing the trial court to decide the bail application of the applicants, as expeditiously as possible. He further states that although the prayer has been made for quashing of the entire proceedings and charge sheet of the case but he does not press the same.

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Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicants.

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In view of the above, the prayer for quashing of entire proceedings and charge sheet is dismissed as not pressed.

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However, in view of the peculiar facts and circumstances of the

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case and looking to the limited prayer of learned counsel for the applicants, it is directed that if the accused-applicants surrender before the trial court and apply for bail within two weeks from today, the same shall be considered and decided expeditiously in accordance with law.

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Till the aforesaid period, no coercive action shall be taken against the applicants in the aforesaid case.

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It is clarified that if the accused-applicants do not appear before the court concerned by the said date, the court concerned shall proceed against them in accordance with law.

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The present application is disposed of.

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(Samit Gopal, J.)

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Order Date :- 20.2.2023 Gaurav

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Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad

Asgar Ali and 4 Others v. State of U.P. and Another

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Asgar Ali and 4 Others v. State of U.P. and Another

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