Disposed

Mohd. Shamshad v. State of U.P. and Another

Allahabad HC23 Nov 2023A482/42374/2022

Case brief

AI extract

What is this about?

The High Court refused relief in a Section 482 Cr.P.C. application to quash a charge sheet due to lack of merit. Instead, it directed the applicant to surrender expeditiously and ordered the lower courts to decide the pending bail application promptly without coercive action for three weeks, citing Satender Kumar Antil.

What did the court decide?

Applicant directed to surrender; bail application to be decided expeditiously; no coercive action for three weeks or until surrender.

Mohd. Shamshad Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:222740

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 42374 of 2022

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Applicant :- Mohd. Shamshad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Parvez Iqbal Ansari Counsel for Opposite Party :- G.A.,Harikesh

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge-sheet dated 18.12.2019, summoning order dated 22.10.2020 passed by the Additional Chief Judicial Magistrate, Court no.4, Prayagraj in Case No.1662 of 2020 arising out of Case Crime No.913 of 2019, under Sections 498A, 323 I.P.C. & 3/4 Dowry Prohibition Act, P.S. Dhumanganj, District Prayagraj, pending in the court of Additional Chief Judicial Magistrate, Court no.4, Prayagraj.

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On the matter being taken up, learned counsel for the applicant has not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicant expeditiously.

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Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicant.

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Accordingly the relief as sought by the applicant through this application is refused.

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Considering the aforesaid alternative prayer of the applicant, it is directed that applicant shall surrender before the concerned Court below within three weeks from today and in case applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with law 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 three weeks from today or till the time of surrender of the applicant before the Court below, whichever is earlier, no coercive action shall be taken against him.

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With the aforesaid directions, this application under Section 482 Cr.P.C. stands disposed of.

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Order Date :- 23.11.2023

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SKD

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

Mohd. Shamshad v. State of U.P. and Another

Case brief

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Mohd. Shamshad v. State of U.P. and Another

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