Disposed

Saleem @ Mohd Saleem v. State of U.P. and Another

Allahabad HC18 Jul 2024A482/21626/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC against issuance of non-bailable warrants in a matrimonial dispute criminal case. The court directed that if the applicant surrenders within three weeks and applies for bail or cancellation of warrants, it be decided expeditiously, with no coercive action meanwhile.

What did the court decide?

Interim protection: no coercive action for three weeks or till appearance; bail/warrant-cancellation application to be decided expeditiously on surrender.

Saleem @ Mohd Saleem vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:115160

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 21626 of 2024

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Applicant :- Saleem @ Mohd Saleem Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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The instant application under Section 482 CrPC has been preferred against the order dated 10.8.2022, passed by learned Civil Judge (Jr. Division) / F.T.C. (Crime Against Women) in Case No. 5271 of 2018, bearing CNR No. UPMO0437482018 (State Versus Mohd. Saleem), arising out of Case Crime No. 624 of 2017, under Sections-498-A, 323, 504, 506 IPC and Section-3 / 4 of D. P. Act, P.S.-Mahila Thana, districtMoradabad, whereby non-bailable warrants have been issued against the applicant.

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Learned counsel for the applicant submits that the matter relates to matrimonial dispute and the matter was mutually settled between the parties and on the basis of compromise, decree of divorce was passed. It was submitted that the applicant was working at a barber shop in New Delhi and he was not aware of the date fixed in the case, due to which, he could not appear before the trial Court. It was further submitted that the applicant is willing to appear / surrender before the trial Court and interim protection may be granted for some period.

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Learned AGA has opposed the prayer.

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In view of aforesaid, it is directed that in case applicant appears / surrenders before the trial Court concerned within

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three weeks from today and files an application for bail / cancellation of non-bailable warrants, the same shall be considered and decided expeditiously in accordance with the settled law.

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For a period of three weeks from today or till the applicant appears before the court concerned, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case.

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With this observation, the instant application under Section 482 CrPC is disposed of finally.

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Order Date :- 18.7.2024

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Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad

Saleem @ Mohd Saleem v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Saleem @ Mohd Saleem v. State of U.P. and Another

Case brief

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What did the court decide?

What the court decided

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