Allahabad High Court
Zabir Husain Hashmi @ Zabir Ali And 3 ... vs State Of U.P. And Another on 15 September, 2022
Author: Ajai Tyagi
Bench: Ajai Tyagi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 88 Case :- APPLICATION U/S 482 No. - 22320 of 2022 Applicant :- Zabir Husain Hashmi @ Zabir Ali And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vipin Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ajai Tyagi,J.
This application u/s 482 Cr.P.C. has been filed seeking the quashing the entire proceedings of Complaint Case No.21 of 2017 (Hasina Begum Vs. Zabir Ali and Others), under Sections 323, 354, 452, 356 I.P.C., Police Station Kachhawa, District Mirzapur.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
At the very outset learned counsel for the applicants says that he does not want to press the prayer with regard to quashing of the charge sheet as well as entire proceedings of the case. Submission of the counsel is that requirement of applicants shall be substantially met with, if they are granted a direction to appear before the Court below so that they may obtain their bail and submit to the jurisdiction of the court.
In the light of the submissions made by the counsel this application so far as it seeks quashing of the charge sheet as well as entire proceedings of the case, the same stands dismissed.
However, it is observed that if the bail has not been obtained as yet, the accused may appear before the court below and apply for bail. The court below shall make an endeavour to decide the bail application, keeping in view the observations made by the Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau Of Investigation, 2021 SCC Online SC 922.
It is further clarified that this order has been passed only with regard to the accused on behalf of whom application has been moved in this Court.
With the aforesaid observations this application is finally disposed off.
Order Date :- 15.9.2022 P.S.Parihar