Disposed

Abu Faiza and Another v. State of U.P. and Another

Allahabad HC22 Mar 2023A482/9553/2023

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking quashing of proceedings and stay of coercive action, the Court directed the applicants to surrender and apply for regular bail within two weeks. The Court stayed coercive action during this period but dismissed the quashing prayer as not pressed.

What did the court decide?

Directed applicants to surrender and apply for bail within two weeks; coercive action stayed; limited plea for quash not pressed.

Abu Faiza and Another Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Court No. - 71 Case :- APPLICATION U/S 482 No. - 9553 of 2023

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Applicant :- Abu Faizal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Pathak,Jaki Ahmad Counsel for Opposite Party :- G.A.,Brijesh Kumar Yadav

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Sanjay Pathak, learned counsel for the applicants, Sri Brijesh Kumar Yadav, learned counsel for the opposite party no.2 and Sri U.P. Singh, 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 applicants- Abu Faizal and Saiyazuddin with the prayer to allow this application and quash the entire proceeding as well as impugned N.B.W. order dated 20.01.2023 arising out of Case Crime No. 88 of 2003 (State Vs. Abdul Faiyaz & others), under Sections 420, 406, 408 I.P.C., Police Station Dashasumed, District Varanasi pending before the Court of Additional Civil Judge (J.D.) / A.C.J.M.-VI, Varanasi with a further prayer that proceedings of the aforesaid case be stayed against the applicants during the pendency of the present application.

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At the very outset, learned counsel for the applicants states that since non bailable warrant have been issued against the applicants on 20.01.2023 the applicants be permitted to surrender before the concerned trial court and apply for regular bail which may be directed to be decided, as expeditiously as possible, preferably on the same day. 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 opposite party no.2 seriously opposes the present petition on the ground being second petition by placing paragraph 3 & 4 of the affidavit.

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Looking to the 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.

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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.

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The present application is disposed of.

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It is made clear that no further application for extension of time will be entertained.

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Order Date :- 22.3.2023 AS Rathore

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(Samit Gopal,J.)

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

Abu Faiza and Another v. State of U.P. and Another

Case brief

What is this about?

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Abu Faiza and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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