Disposed

Mohd. Yusuf and 4 Others v. State of U.P. and Another

Allahabad HC13 Mar 2023A482/8302/2023

Case brief

AI extract

What is this about?

In a Section 482 CrPC bail application, the court dismissed the unpressed prayer for quashing. The court directed the trial court to decide bail expeditiously if applicants surrender within two weeks and stayed coercive action during that period.

What did the court decide?

Prayer for quashing dismissed as not pressed; Bail to be decided expeditiously upon surrender within two weeks; Directive to avoid coercive action until said period.

Mohd. Yusuf and 4 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

¶1

Court No. - 71

¶2

Case :- APPLICATION U/S 482 No. - 8302 of 2023

¶3

Applicant :- Mohd. Yusuf And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Pravesh Yadav,Swatantra Kumar Rai Counsel for Opposite Party :- G.A.

¶4

Hon'ble Samit Gopal,J.

¶5

List revised.

¶6

Heard Sri Ram Pravesh Yadav, learned counsel for the applicants, Sri Sanjay Kumar Singh, learned counsel for the State and perused the record.

¶7

This application under Section 482 Cr.P.C. has been filed by the applicants Mohd. Yusuf, Rizwan Ahmad, Abid Ali, Maruf Ahmad, Shukuullah, with the prayer to quash the impugned cognizance order dated 8.9.2020 passed by the Judicial Magistrate, Sant Kabir Nagar, in Case No. 10036 of 2020, State vs. Mohd. Yusuf and others, under Sections 147, 504, 506 I.P.C. and 3/4 Prevention of Damage to Public Property Act, 1984, P.S.- Belharkala, District Sant Kabir Nagar arising out of Case Crime No. 89 of 2020, P.S.- Belharkala, District Sant Kabir Nagar, as well as the entire proceedings of Case No. 10036 of 2020, State vs. Mohd. Yusuf and others, arising out of Case Crime No. 89 of 2020, P.S.- Belharkala, District Sant Kabir Nagar, impugned charge sheet dated 6.8.2020, pending in the court of Judicial Magistrate, Sant Kabir Nagar.

¶8

At the very outset, learned counsel for the applicants states that the purpose of the applicants would suffice if an order is passed directing the trial court to decide the bail application of the applicants, 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. He further states that the applicants shall raise all the questions/objections before the trial court.

¶9

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

¶10

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

¶11

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

¶12

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

¶13

The present application is disposed of.

¶14

(Samit Gopal,J.)

¶15

Order Date :- 13.3.2023 Naresh

¶16

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

Mohd. Yusuf and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mohd. Yusuf and 4 Others 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

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rahul and 2 Others Vs State of U.P. and Another

Ratan Yadav and 3 Others Vs State of U.P. and Another

Kishan Kumar Rai Vs State of U.P. and Another

Ranjeet Singh Rajbhar Vs State of U.P.

Chaturi @ Chatur Singh and Another Vs State of U.P. and Another

Ranjan Kumar Goyal Vs State of U.P. and Another