Dismissed¶15

Arshad v. State of U.P. and 2 Others

Allahabad HC17 Feb 2023A482/5223/2023

Case brief

AI extract

What is this about?

482 CrPC quashing application dismissed as withdrawn; cognizance order 23.12.2022 ACJM Deoband Saharanpur; charge sheet no.511 of 2022; Case No.03458 of 2022 State of U.P. Vs Meharban; Case Crime No.0607 of 2021; Sections 498-A 323 376 504 506 IPC; Section 3/4 D.P. Act; Section 3/4 Muslim Women (Protection of Rights on Divorce) Act; liberty to file bail application; 30 days no coercive action; expeditious disposal of bail; Allahabad High Court; Vikram D. Chauhan, J.; order date 17.2.2023.

What did the court decide?

Liberty to the applicant to withdraw the Section 482 petition and approach the court concerned for bail; protection from coercive action for 30 days; direction that the bail application, if filed, be decided expeditiously without unnecessary adjournments. ¶15

Arshad Vs State of U.P. and 2 Others — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the cognizance order dated 23.12.2022 passed by the Additional Chief Judicial Magistrate, Deoband, Saharanpur and charge sheet no.511 of 2022 arising out of Case Crime No.0607 of 2021 should be quashed under Section 482 Cr.P.C.

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Court's answer

The application under Section 482 Cr.P.C. is dismissed as withdrawn, with liberty to the applicant to approach the court concerned for bail.

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Ratio / Principle

To enable the applicant to approach the court concerned for bail, no coercive action shall be taken against him for a period of 30 days.

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Key takeaways

If the applicant prefers a bail application before the court concerned, that court shall decide it expeditiously without granting unnecessary adjournment to any party.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Vikram D. Chauhan, J., 17.2.2023), Application U/S 482 No. 5223 of 2023 (Arshad v. State of U.P. and 2 Others): Section 482 Cr.P.C. petition seeking quashing of the cognizance order dated 23.12.2022 of the Additional Chief Judicial Magistrate, Deoband, Saharanpur and charge sheet no.511 of 2022 in Case No.03458 of 2022 (State of U.P. Vs Meharban and others), arising out of Case Crime No.0607 of 2021 under Sections 498-A, 323, 376, 504 and 506 IPC, Section 3/4 D.P. Act and Section 3/4 of the Muslim Women (Protection of Rights on Divorce) Act, was dismissed as withdrawn on the applicant's prayer, with liberty to file a bail application before the court below; no coercive action against the applicant for 30 days, and the court concerned directed to decide any such bail application expeditiously without unnecessary adjournment. No precedent was cited or considered; the merits of the quashing prayer were not examined.

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Court No. - 51

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Case :- APPLICATION U/S 482 No. - 5223 of 2023

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Applicant :- Arshad Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ashok Mishra,Shreeprakash Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vikram D. Chauhan,J.

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Order on C.M. Application No. 1 of 2023

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The application is allowed.

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Let necessary amendment be incorporated during the course of the day.

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Order on Application

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Heard learned counsel for the applicant and learned AGA for the State.

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This application under Section 482 Cr.P.C. has been filed by applicant for quashing the cognizance order dated 23.12.2022 passed by Additional Chief Judicial Magistrate, Deoband, Saharanpur along with charge sheet no.511 of 2022 in Case No.03458 of 2022 (State of U.P. Vs Meharban and others) arising out of Case Crime No.0607 of 2021, under Sections 498-A, 323, 376, 504 and 506 IPC, Section 3/4 D.P. Act and Section 3/4 of Muslim Women (Protection of Rights on Divorce) Act, P.S. Deoband, District Saharanpur.

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After some argument, learned counsel for the applicant states that he may be permitted to withdraw this application filed under Section 482 Cr.P.C. with liberty to file bail application before the court below.

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Learned AGA has no objection to the prayer made by learned counsel for the applicant.

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Under the circumstances, the present application under Section 482 Cr.P.C. is dismissed as withdrawn with liberty to applicant to approach the court concerned for bail. In order to enable the applicant to approach the court concerned for bail, for a period of 30 days, no coercive action shall be taken against the applicant. In

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case, the bail application is preferred by the applicant before the court concerned, the court concerned shall decide the same expeditiously without granting unnecessary adjournment to any party.

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The application under Section 482 Cr.P.C. is dismissed as withdrawn with the aforesaid liberty and direction.

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Order Date :- 17.2.2023 D. Tamang

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Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad

Arshad v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Arshad v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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Procedural history

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