Disposed

Aslam Parvez and Another v. State of U.P. and Another

Allahabad HC16 May 2023A482/6524/2023

Case brief

AI extract

What is this about?

The High Court disposed of a Section 482 criminal application. The applicant withdrew the challenge to the summary proceedings and sought discharge. The Court granted one-time interim protection, directing the applicant to file a discharge application within two weeks and promising the lower court will decide it within two months.

What did the court decide?

Interim protection granted for two months or until discharge application decided, contingent on filing a discharge application within two weeks.

Aslam Parvez and Another Vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:106806

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 6524 of 2023

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Applicant :- Aslam Parvez And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Zafar Abbas,Faheem Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Sri Zafar Abbas, learned counsel for the applicants, Sri K.P. Pathak, learned AGA 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 with a prayer to quash the impugned order dated 05.08.2022 as well as the entire proceedings of Criminal Case No.427 of 2016 (Mohd. Arshi vs. Aslam Parvez and others), arising out of Case Crime No.1282 of 2015, under Sections 420, 506 IPC, pending the court of Chief Judicial Magistrate, Bijnor.

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After advancing his arguments at some length, learned counsel for the applicants gave up his challenge to the aforesaid impugned summoning order and entire proceedings against the applicants and confined his submission requesting that applicant wants to apply for discharge at this stage and he may be permitted to move appropriate application for discharge under the Code of Criminal Procedure and the same may be decided within a stipulated period.

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Learned AGA does not have objection to the aforesaid and submits that all the submissions made by the counsel for the applicants, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. He further submits that in case a discharge application is moved by the applicant, the court below may be directed to decided the same in accordance with law within a stipulated period of time.

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Considering the facts and circumstances of the case, it is hereby provided that if the applicant move an application for discharge before the concerned Court below within two weeks from today along with a certified copy of this order, the same shall be considered and decided in accordance with law by means of a reasoned and speaking order, preferably within a period of two

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months from the date making of discharge application without granting any adjournment in the matter.

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For the period of two months from today or till the discharge application, if moved by the applicant, is decided, whichever is earlier, no coercive measure shall be taken against the applicant pursuant to the aforesaid case.

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However, it is made clear that this relief is a one time measure being afforded to the applicant so far the interim protection is concerned as he has come with a bona fide prayer for discharge and if he fails to move an appropriate application as directed herein above the interim protection shall stand discharged and the court below shall proceeded in accordance with law.

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With the aforesaid observations and directions, the present 482 Cr.P.C. application is disposed of .

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Order Date :- 16.5.2023 Jitendra/-

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Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad

Aslam Parvez and Another v. State of U.P. and Another

Case brief

What is this about?

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Aslam Parvez and Another v. State of U.P. and Another

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