Partly allowed

Sajara Khatoon @ Seema v. State of U.P. and Another

Allahabad HC24 Feb 2023A482/6848/2023

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the applicant withdrew the prayer for quashing criminal proceedings. The court dismissed the quashing prayer as not pressed but directed that the non-bailable warrants remain in abeyance if the applicant appears for bail within two weeks.

What did the court decide?

Non-bailable warrants to remain in abeyance for two weeks if accused appears for regular bail application.

Sajara Khatoon @ Seema Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 6848 of 2023

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Applicant :- Sajara Khatoon @ Seema Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chandra Prakash Misra,Prakash Sharma

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Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Chandra Prakash Mishra, learned counsel for the applicant, Sri B.B. Upadhyay, 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 Sajara Khatoon @ Seema with the prayer to quash the charge sheet dated 8.8.2013 and 6.11.2013 and cognizance/summoning order dated 26.3.2016 and N.B.W. dated 17.1.2023 as well as the entire proceedings of Criminal Case No.-1112 of 2016 (State of U.P. vs. Akbar Ali and others), arising out of Case Crime No. 327 of 2013, under Section 307 I.P.C., Police Station Khampar, District Deoria, pending in the court of Upper Civil Judge (S.D.), Room No. 15, Deoria, and with the further prayer to stay the charge sheet dated 8.8.2013 and 6.11.2013 and cognizance/summoning order dated 26.3.2016 and N.B.W. dated 17.1.2023 as well as the entire proceedings of the said criminal case.

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At the very outset, learned counsel for the applicant states that he does not want to press the prayer for quashing of proceeding, cognizance/summoning order, charge sheet and N.B.W. He states that the purpose of the applicant would be served if he is permitted to appear before the trial court within a period of two weeks from today and file a regular bail application but till then the non-bailable warrants as issued may be kept in abeyance. It is argued that non-bailable warrants have been issued vide order dated 17.1.2023 passed by the trial court.

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In view of the above, the prayer for quashing of proceeding, cognizance/summoning order, charge sheet and N.B.W. is dismissed as not pressed.

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However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicant, it is directed that if the accused-applicant appears and

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applies for bail before the court concerned within two weeks from today, the same shall be considered and decided in accordance with law. Till the aforesaid period, the non-bailable warrants issued against the applicant shall be kept in abeyance.

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It it clarified that if the accused-applicant does not appear before the court concerned by the said date, the court concerned shall proceed against him in accordance with law.

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The present application is disposed of.

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(Samit Gopal,J.)

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Order Date :- 24.2.2023 Naresh

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

Sajara Khatoon @ Seema v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sajara Khatoon @ Seema v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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