Waseem Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

Waseem Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the applicant to surrender within six weeks; interim protection from arrest for six weeks or till surrender, whichever is earlier; and direction to the courts below to decide any bail application expeditiously in accordance with law keeping in view Satender Kumar Antil vs. CBI, (2021) 10 SCC 773. No relief was granted on the quashing prayer, which was not pressed on merits.

Issue for consideration

Whether the charge sheet dated 15.03.2018, the summoning order dated 13.04.2018 and the entire proceedings of Case No. 1146 of 2018 (arising out of Case Crime No. 10 of 2018, under Sections 3/5A/8 of C.S. Act) were liable to be quashed under Section 482 Cr.P.C.; this challenge was ultimately not pressed on merits. +1 more

Ratio / Principle

The applicant is directed to surrender before the concerned court below within six weeks from the date of the order.

Key takeaways

If the applicant applies for bail, the courts below shall dispose of the bail application expeditiously in accordance with law, keeping in view the guidelines laid down by the Apex Court in Satender Kumar Antil vs. Central Bureau of Investigation and Another, (2021) 10 SCC 773.ratio¶9
For six weeks from the date of the order, or until the applicant surrenders before the concerned court below, whichever is earlier, he shall not be arrested in the above case.ratio¶10

Detailed headnote1 paragraphs

Allahabad High Court (Shiv Shanker Prasad, J.), Application U/S 482 No. 5815 of 2023, Waseem v. State of U.P. and Another, decided 17.2.2023: The applicant sought quashing of the charge sheet dated 15.03.2018, the summoning order dated 13.04.2018 and the entire proceedings of Case No. 1146 of 2018 (arising out of Case Crime No. 10 of 2018, under Sections 3/5A/8 of C.S. Act, Police Station Nagla, District Bijnaur). Counsel gave up the quashing challenge and confined the application to a request for protection to surrender and expeditious disposal of bail, to which the State's A.G.A. had no objection for a short period. Held: the applicant to surrender before the court below within six weeks; on his applying for bail, the courts below to dispose of the bail application expeditiously in accordance with law keeping in view the Apex Court guidelines in Satender Kumar Antil vs. Central Bureau of Investigation and Another, (2021) 10 SCC 773; and the applicant not to be arrested for six weeks or till surrender, whichever is earlier. Application disposed of.

Court No. - 52

Case :- APPLICATION U/S 482 No. - 5815 of 2023

Applicant :- Waseem Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.

Hon'ble Shiv Shanker Prasad,J.

Heard learned counsel for the applicant, learned counsel for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge sheet dated 15.03.2018 and summoning order dated 13.04.2018 as well as entire proceeding of Case No. 1146 of 2018, arising out of Case Crime No. 10 of 2018, under Sections 3/5A/8 of C.S. Act, Police Station Nagla, District Bijnaur.

At the very outset learned counsel for the applicant gave up his challenge to the aforesaid impugned charge-sheet, summoning 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.

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.

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

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.

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

Order Date :- 17.2.2023 SK Srivastava

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