Disposed

Mohammad Yameen v. State of U.P. and Another

Allahabad HC4 Apr 2023A482/3947/2023

Case brief

AI extract

What is this about?

Single judge allowed an alternative prayer under section 482 Cr.P.C. directing the applicant to file a surrender application within 7 days, with a 15-day stay on coercive proceedings pending decision, citing Satender Kumar Antil.

What did the court decide?

Protection from coercive action for 15 days or until surrender decision; direction to file surrender application on or before April 17, 2023; directions for expedited joint hearings.

Mohammad Yameen Vs State of U.P. and Another — Civil Procedure and Limitation | Allahabad HC (2023)

¶1

Court No. - 68

¶2

Case :- APPLICATION U/S 482 No. - 3947 of 2023

¶3

Applicant :- Mohammad Yameen Opposite Party :- State of U.P. and Another Counsel for Applicant :- J.B. Singh Counsel for Opposite Party :- G.A.,Nafees Ahmad

¶4

Hon'ble Mrs. Manju Rani Chauhan,J.

¶5

Heard Mr. J.B. Singh, learned counsel for the applicant, Mr. Nafees Ahmad, learned counsel for the opposite party, Mr. K.P. Pathak, learned AGA for the State and perused the record.

¶6

This application under Section 482 Cr.P.C. has been filed by the applicant to quash the impugned order dated 15.09.2021 passed by learned Additional Chief Judicial Magistrate, Court No. 5, Meerut in Case No. 2332 of 2015 (Old No. 3181 of 2009 State Vs. Mohd. Yameen and others) bearing Case Crime No. 390 of 2008, under sections 420, 467, 468, 471, 120B IPC, Police Station Civil Lines, District Meerut against the applicant.

¶7

As per office report dated 28.01.2023, two application u/s 482 were filed on behalf of applicant being Application U/s 482 Nos. 33249 of 2009 and 37709 of 2011 and the aforesaid petitions were dismissed on 11.01.2010 and 24.11.2011 respectively.

¶8

At the very outset, learned counsel for the applicant submits that pursuant to the direction from the Hon'ble Court the applicant has already been released on bail but he could not appear on few dates, therefore, non bailable warrant has been issued against him. He gave up his challenge to the aforesaid prayer and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The 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/surrender application of the applicants expeditiously.

¶9

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 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.

¶10

In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall file a surrender application before the concerned court below on or before 17th April, 2023 . On receiving the surrender application, the court concerned shall obtain instructions from the public prosecutor and fix a date for appearance/surrender of the applicant(s) and for hearing the applicant(s) on surrender application.

¶11

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 alongwith certified copy of non-bailable warrant order, 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.

¶12

For the period of 15 days from today or till the surrender application is decided, whichever is earlier, no coercive action shall be taken against the applicant pursuant to non-bailable warrant.

¶13

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.

¶14

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

¶15

Order Date :- 4.4.2023 Arti

¶16

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

Mohammad Yameen v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mohammad Yameen v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Gufaran Ansari Vs State of U.P. and Another

Deepak Vs State of U.P. and Another

Sushil Kumar Chaurasiya Vs State of U.P. and Another

Smt Gudiya @ Ruksar Vs State of U.P. and 2 Others

Raghubir Singh Vs State of U.P. and Another

Chandra Prakash and 2 Others Vs State of U.P. and Another