Disposed

Mohammad Vasi @ Rangile @ Waseem Ahmad v. State of U.P. Thru. Home Deptt. Lko. and Another

Allahabad HC19 Sept 2024A482/8418/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC sought quashing of criminal proceedings for rape-related offences, the summoning order and several non-bailable warrants. Counsel instead sought liberty to apply for bail and discharge. The court disposed of the application granting such liberty with directions for expeditious decision, and noted passport renewal issues.

What did the court decide?

Liberty to apply for bail and to file discharge application before trial court, with direction for expeditious decision; directions regarding passport renewal.

Mohammad Vasi @ Rangile @ Waseem Ahmad vs State of U.P… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:64685

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 8418 of 2024 Applicant :- Mohammad Vasi @ Rangile @ Waseem Ahmad Opposite Party :- State Of U.P. Thru. Home Deptt. Lko. And Another Counsel for Applicant :- Shailesh Sachan,Gaurav Singh,Piyush Agnihotri,Sachin Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicant and learned AGA for the State as well as perused the record.

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The present application U/s 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant for the following main reliefs:-

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"I. That the proceeding of criminal case no. 10528 of 2017, State vs. Mohd. Vasi@ Rangile @ Waseem Ahmad, Case crime no. 2052 of 2017, under section 376D, 506 Indian Penal Code, Police station Jarwal Road, DistrictBahraich pending before learned Additional Chief Judicial Magistrate, Bahraich, may kindly be quashed, in the interest of justice.

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Π. That the Summoning Order dated 06.01.2018 in criminal case no. 10528 of 2017, State vs. Mohd. Vasi @ Rangile @ Waseem Ahmad, Case crime no. 2052 of 2017, under section 376D, 506 Indian Penal Code, Police station Jarwal Road, District Bahraich pending before learned Additional Chief Judicial Magistrate, Bahraich may kindly be quashed, in the interest of justice.

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III. That the Non Bailable Warrant dated 03.07.2023, 21.10.2023, 13.12.2023, 20.01.2024 and 16.02.2024 in criminal case no. 10528 of 2017, State vs. Mohd. Vasi @ Rangile @ Waseem Ahmad, Case crime no. 2052 of 2017, under section 376D, 506 Indian Penal Code, Police station - Jarwal Road, District- Bahraich pending before learned Additional Chief Judicial Magistrate, Bahraich may kindly be quashed, in the interest of justice."

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After arguing at some length, learned counsel for the applicant has submitted that liberty may be given to the

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applicant to file bail application before the trial court which may be decided in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 as also to prefer a discharge application before the court below and the same may be decided expeditiously.

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Learned AGA has no objection to the prayer made by learned counsel for the applicant.

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Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for and with a direction to the court below that if the applicant applies for bail before the Court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law.

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Liberty is also granted to the applicant to move discharge application before the court below and the same shall be decided expeditiously in accordance with law.

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In view of the facts of the case, as indicated, particularly that the applicant is at Jeddah, Saudi Arabia, on a working visa and his passport is to be renewed and the said renewal is pending consideration before the concerned competent Authority/Passport Officer and the same has not been renewed till date on account of the pendency of criminal case, it provided that the applicant shall prefer an application before the concerned competent Authority/Passport Officer to apprise the law related to renewal of passport during the pendency of the criminal case i.e. the judgment passed by the Hon'ble Apex Court in the case(s) of Maneka Gandhi Vs. Union of India, reported in 1978 (1) SCC 248 ; Parvez Noordin

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Lokhandwalla vs. State of Maharashtra, reported in (2020) 10 SCC 77; Satish Chandra Verma vs. Union of India and others, reported in 2019 SCC OnLine SC 2048; Jitsingh Kalirai vs. Kulbir Singh Ahuja, reported in 1989 (43) ELT 3 (Bom.) and Vangala Kasturi Rangacharyulu v. Central Bureau of Investigation, reported in 2020 Cri LJ 572 and the relevant circulars issued by the Union of India in this regard.

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With the aforesaid observations, the present application is disposed of .

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Order Date :- 19.9.2024 Mohit Singh/-

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Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Mohammad Vasi @ Rangile @ Waseem Ahmad v. State of U.P. Thru. Home Deptt. Lko. and Another

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Mohammad Vasi @ Rangile @ Waseem Ahmad v. State of U.P. Thru. Home Deptt. Lko. and Another

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