Allahabad High Court
Azad And Another vs State Of U.P. And Another on 15 March, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- APPLICATION U/S 482 No. - 8612 of 2023 Applicant :- Azad And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Aadil Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
List revised.
Heard Sri Mohd. Aadil Siddiqui, learned counsel for the applicants, Sri S.B. Maurya, learned counsel for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants-Azad and Rafeuddin @ Bauna with the prayer to quash the Charge Sheet dated 11.7.2016 as well as cognizance/summoning order dated 1.10.2016 and bailable warrant dated 13.1.2023 passed by A.C.J.M-V, Moradabad and entire proceeding of Criminal Case No.6274 of 2016 (State Vs. Khalil and others), arising out of Case Crime No. 391 of 2015, u/s 147, 148, 149, 353, 332, 427, 323, 504, 506 IPC and 7 Crl. Law Amendment Act, P.S. Mundha Pandey, District Moradabad pending in the court of Addl. Chief Judicial Magistrate-V, Moradabad and further to stay the further proceedings of aforesaid case during the pendency of the present application before this Hon'ble Court.
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 entire proceedings, charge sheet and cognizance order of the case but he does not press the same.
Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicants.
In view of the above, the prayer for quashing of entire proceedings, charge sheet and cognizance order is dismissed as not pressed.
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 30 days 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 in the aforesaid case.
It is 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.
The present application is disposed of.
(Samit Gopal, J.) Order Date :- 15.3.2023 Gaurav