Disposed

Afjal v. State of U.P. and Another

Allahabad HC1 Mar 2023A482/4417/2023

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What is this about?

The High Court disposed of a Section 482 Cr.P.C. application. The applicant withdrew the challenge to the charge sheet and cognizance order but sought protection to surrender and expedited bail hearing. The court granted protection from arrest for six weeks.

What did the court decide?

Protection from arrest granted for six weeks pending surrender; direction for expeditious disposal of bail application.

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

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Court No. - 52

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Case :- APPLICATION U/S 482 No. - 4417 of 2023

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Applicant :- Afjal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mirza Faheem Beg Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the applicant, 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 applicant to quash the impugned cognizance order dated 03.12.2018 passed by the Judicial Magistrate, Budana, District Muzaffar Nagar as well as impugned charge sheet dated 06.09.2018 and entire criminal proceeding of Case No. 1024 of 2018 (State Vs. Afjal), arising out of Case Crime No. 279 of 2018, under Section 420 I.P.C., Police Station Budana, District Muzaffar Nagar, pending the Court of learned Judicial Magistrate, Budana, District Muzaffar Nagar.

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At the very outset learned counsel for the applicant gave up his challenge to the aforesaid impugned charge-sheet, cognizance order and entire proceedings against the applicant 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 of the applicant expeditiously.

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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 him on merits and want to surrender before the concerned court below, he has no objection in granting protection to him for a short period.

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In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within six weeks from today and in case apply for bail, the bail application of the applicant 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

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and Another , reported in (2021) 10 SCC 773.

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For the period of six weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, he 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 :- 1.3.2023 SK Srivastava

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

Afjal v. State of U.P. and Another

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Afjal v. State of U.P. and Another

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