A Section 482 Cr.P.C. application seeking to quash proceedings was withdrawn on merits. The court directed non-arrest for six weeks and expedited bail consideration under the Satender Kumar Antil guidelines until surrender.
Non-arrest for six weeks until surrender; bail application to be disposed of expeditiously.
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Court No. - 73
Case :- APPLICATION U/S 482 No. - 5939 of 2023
Applicant :- Mahboob Khan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Saqib Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard learned counsel for the applicants, learned counsel for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge sheet dated 09.11.2022 as well as cognizance and summoning order dated 02.12.2022 passed by Additional Chief Judicial Magistrate, Civil Judge (S.D.)/F.T.C., Jhansi in Case No. 2322 of 2022 (State Vs. Mahboob Khan and Others), arising out of Case Crime No. 147 of 2021, under Sections 498-A, 323, 504, 506 I.P.C., Section 3 and 4 of D.P. Act and Section 3 and 4 of Muslim Women (Protection of Rights on Marriage) Act, Police Station Baruasagar, District Jhansi, pending in the Court of learned Additional Chief Judicial Magistrate-I, Jhansi.
At the very outset learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet, cognizance order and entire proceedings against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The learned counsel for the applicants 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 applicants expeditiously.
Learned A.G.A. for the State of U.P. submits that in case the applicants are 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.
In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants 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 applicants before the concerned court below, whichever is earlier, they 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 :- 16.3.2023 SK Srivastava
Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Satender Kumar Antil vs. Central Bureau of Investigation and AnotherExplained¶10
(2021) 10 SCC 773 · Who else cites this
Mahboob Khan and 2 Others
State of U.P.
Shiv Shanker Prasad
As recorded by the court registry
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