Disposed

Hazi Kaluwa @ Hazi Hanif @ Mohd Hanif v. State of U.P. and Another

Allahabad HC22 Mar 2023A482/6584/2023

Case brief

AI extract

What is this about?

Applicant withdrew quashing prayer and sought arrest protection while urging expeditious bail disposal. Court granted non-arrest protection for six weeks or until surrender, directing courts below to decide bail quickly under Satender Kumar Antil guidelines.

What did the court decide?

Direction to applicant to surrender within six weeks and non-arrest protection for that period; direction to courts below to dispose bail application expeditiously.

Hazi Kaluwa @ Hazi Hanif @ Mohd Hanif Vs State of U.P. and… — Bail and Remand | Allahabad HC (2023)

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 6584 of 2023

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Applicant :- Hazi Kaluwa @ Hazi Hanif @ Mohd Hanif Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jai Shanker Malviya Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the applicant, learned counsel 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 to quash the cognizance/ summoning order dated 25.08.2020 as well as charge sheet no. 26 of 2020 dated 27.02.2020 and the entire proceeding of Case No. 2594 of 2020 (State Vs. Shanu @ Shahrun and Others), arising out of Case Crime No. 03 of 2020, under Sections 41/102 Cr.P.C. and Sections 420, 467, 468, 414 I.P.C., Police Station Dilari, District Moradabad, pending in the Court of learned Judicial Magistrate, Thakudwara, Moradabad.

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

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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.

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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

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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.

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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.

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

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Order Date :- 22.3.2023 SK Srivastava

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

Hazi Kaluwa @ Hazi Hanif @ Mohd Hanif v. State of U.P. and Another

Case brief

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Hazi Kaluwa @ Hazi Hanif @ Mohd Hanif v. State of U.P. and Another

Case brief

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