Allahabad High Court
Hazrat Deen vs State Of U.P. & Anr. on 17 November, 2020
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 29 Case :- U/S 482/378/407 No. - 1372 of 2020 Applicant :- Hazrat Deen Opposite Party :- State Of U.P. & Anr. Counsel for Applicant :- Mubin Ahmad,Zia Ur Rehman Counsel for Opposite Party :- G.A.,Ghulam Mohammad Kamil Hon'ble Alok Mathur,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
2. This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the proceedings in Case No. 81 of 2020 - State of U.P. Vs. Hazrat Deen and Others, arising out of Case Crime No. 0091 of 2019, under Sections 354, 323, 504, 506, 376 I.P.C. and Section 5M/6 of Protection of Children from Sexual Offences Act, Police Station - Kotwali Dehat Bahraich, District - Bahraich, pending in the Court of F.T.C. - Ist, Bahraich.
3. Learned counsel for the applicant has submitted that due to non appearance of applicant before the Trial Court, non bailable warrant has been issued against him. He prays that in view of the fact that non bailable warrant has been issued against the applicant he want to surrender before the Court below and move bail application. For the purpose he seeks time and protection during the interregnum period in the light of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC)].
4. After arguing the matter up to some length, learned counsel for the applicant submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicant may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same.
5. Learned A.G.A. has no objection in grant of aforesaid prayer.
6. In view of above, it is provided that applicant is permitted to move his discharge application through counsel within a three week's from today and in case any such application is being filed, same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order.
7. Till the aforesaid period of three weeks' and during pendency of discharge application, no coercive steps shall be taken against the applicant in the aforesaid case.
8. In case of failure on the part of applicant in moving the discharge application within the aforesaid period, he will not be entitled to the benefit of this order.
9. With above directions this application stands disposed of.
Order Date :- 17.11.2020 A. Verma (Alok Mathur, J.)