Firoj Abbas and 4 Others Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko and Another — Allahabad HC (2025) — LawSathi Research

Firoj Abbas and 4 Others Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer to quash charge-sheet, cognizance order and criminal proceedings refused; applicants directed to surrender within two weeks; interim protection from arrest for two weeks or till surrender, whichever is earlier; courts below to dispose of bail applications expeditiously in accordance with law keeping in view the guidelines in Satender Kumar Antil (2021 SCC Online SC 922).

Issue for consideration

Whether the charge-sheet dated 30.09.2023, cognizance order dated 04.03.2024 and proceedings of Case No. 28760 of 2024 arising out of Case Crime No. 0097 of 2023 against the applicants ought to be quashed. +1 more

Court's answer

Since the applicants' counsel gave up the challenge to the impugned charge-sheet, cognizance order and criminal proceedings and did not press any other prayer on merits, the principal relief sought in the application (quashing) was refused.

Ratio / Principle

The applicants were directed to surrender before the concerned court below within two weeks, and in case they apply for bail, the courts below were directed to dispose of the bail applications expeditiously in accordance with law, keeping in view the guidelines laid down by the Apex Court in Satender Kumar Antil vs Central Bureau of Investigation and another, 2021 SCC Online SC 922.

Key takeaways

For the period of two weeks from the date of the order or until surrender before the concerned court below, whichever is earlier, the applicants shall not be arrested in the above case.ratio¶13

Detailed headnote1 paragraphs

Criminal application under Section 482 Cr.P.C. (APPLICATION U/S 482 No. 1617 of 2025, Neutral Citation 2025:AHC-LKO:10990) by Firoj Abbas and 4 others seeking quashing of the charge-sheet dated 30.09.2023, cognizance order dated 04.03.2024 and proceedings of Case No. 28760 of 2024 arising out of Case Crime No. 0097 of 2023 under Sections 147, 148, 323, 506, 336, 427, 452 and 34 IPC, Police Station Bazarkhala, District Lucknow, pending before the Additional Chief Judicial Magistrate Fourth, Lucknow. At the hearing, counsel for the applicants gave up the quashing challenge and confined the prayer to protection to surrender and expeditious disposal of bail applications; the State (A.G.A.) raised no objection to short-period protection. The Court refused the principal relief, directed the applicants to surrender within two weeks, directed the courts below to decide their bail applications expeditiously in accordance with law keeping in view the guidelines in Satender Kumar Antil vs Central Bureau of Investigation and another, 2021 SCC Online SC 922, and ordered that the applicants not be arrested for two weeks or until surrender, whichever is earlier. Application disposed of (Sanjay Kumar Singh, J.; order dated 20.2.2025).

Neutral Citation No. - 2025:AHC-LKO:10990

Court No. - 18

Case :- APPLICATION U/S 482 No. - 1617 of 2025

Applicant :- Firoj Abbas And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Another Counsel for Applicant :- Mohammad Irfan Siddiqui,Mohammed Alam Khan

Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge-sheet dated 30.09.2023, cognizance order dated 04.03.2024 and proceedings of Case No. 28760 of 2024 arising out of Case Crime No. 0097 of 2023, under Sections 147, 148, 323, 506, 336, 427, 452 and 34 I.P.C., Police Station Bazarkhala, District Lucknow pending in the court of Additional Chief Judicial Magistrate Fourth, Lucknow.

At the outset learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet, cognizance order and impugned criminal proceedings against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicants expeditiously.

Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to them for a short period.

In view of the above, the relief as sought by the applicants in the instant application is refused.

However considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within two weeks from today and in case they apply for bail, the bail application of the applicants shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another, reported in 2021 SCC Online SC 922.

For the period of two weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, they shall not be arrested in the above case.

With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of .

Order Date :- 20.2.2025 saurabh

Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad, Lucknow Bench