Disposed

Haji Wasi v. State of U.P. and Another

Allahabad HC26 Apr 2023A482/7742/2023

Case brief

AI extract

What is this about?

This is an order on an application for quashing the charge sheet and cognizance order. The court dismissed the quashing prayer as not pressed by counsel but directed expeditious bail consideration if the applicant surrenders within two weeks.

What did the court decide?

The prayer for quashing is dismissed. If the applicant surrenders within two weeks, bail shall be considered expeditiously; no coercive action in the interim.

Haji Wasi Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 7742 of 2023

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Applicant :- Haji Wasi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Azad Khan 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 Azad Khan, 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- Haji Wasi with the prayer to allow this application and quash the entire proceeding of charge-sheet dated 21.9.2022 as well as cognizance order dated 31.10.2022 submitted in Case Crime No. 0050 of 2022, under Sections 447 and 427 I.P.C., Police Station Chamanganj, District Kanpur Nagar, pending in the Court of Additional Civil Judge (J.D.), Court No. 10, Kanpur Nagar with a further prayer that proceedings of the aforesaid case be stayed against the applicant during the pendency of the present application.

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At the very outset, learned counsel for the applicant states that the purpose of the applicant would suffice if an order is passed directing the trial court to decide the bail application of the applicant, as expeditiously as possible. He further states that although the prayer has been made for quashing of the charge sheet, cognizance order and the proceedings of the case but he does not press the same.

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Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicant.

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In view of the above, the prayer for quashing of proceedings/cognizance order/charge sheet is dismissed as not pressed.

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However, in view of the peculiar facts and circumstance of the case and looking to the limited prayer of learned counsel for the applicant, it is directed that if the accused-applicant surrenders before the trial court and apply for bail within two weeks from

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today, the same shall be considered and decided expeditiously in accordance with law. Till the aforesaid period, no coercive action shall be taken against the applicant.

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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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Order Date: - 26.4.2023 CS/-

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(Samit Gopal,J.)

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Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad

Haji Wasi v. State of U.P. and Another

Case brief

What is this about?

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Haji Wasi v. State of U.P. and Another

Case brief

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