The High Court disposed of a cr.p.c. application by directing the applicants to surrender within six weeks and prohibiting their arrest during this period while bail proceedings are expedited by lower courts.
Directing surrender within six weeks and barring arrest for the applicants until surrender or expedited bail order.
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Court No. - 73
Case :- APPLICATION U/S 482 No. - 6353 of 2023
Applicant :- Azam Qureshi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sonu Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard learned counsel for the applicants, learned A.G.A. 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 No. 295 of 2021 dated 16.06.2021 as well as entire proceedings of Case Crime No. 261 of 2021, under Sections 498-A, 323, 504, 506 I.P.C., Section 3/4 Dowry Prohibition Act and Section 4 Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station Kotwali, District Mathura.
At the very outset learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet and entire proceedings of criminal case 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 applicants 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 :- 7.4.2023 Abhishek Singh
Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Satender Kumar Antil vs. Central Bureau of Investigation and AnotherExplained¶9
(2021) 10 SCC 773 · Who else cites this
1 provisions across 1 enactments
Azam Qureshi And 2 Others
State of U.P.
Shiv Shanker Prasad
Abhishek Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
