Razi Ahmad vs State Of U.P. And Another
2015 Latest Caselaw 3052 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 27035 of 2015
 
Applicant :- Razi Ahmad
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Ajay Kumar Upadhyay
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Learned counsel for the applicant has filed a supplementary affidavit, which is taken on record.

Heard Sri Ajay Kumar Upadhyay, learned counsel for the applicant, and Sri Nitin Srivastava, learned AGA appearing for the State and perused the record. This application has been filed for quashing the impugned order dated 11.08.2015, passed by the Upper Session Judge/Gangster Court, Basti, in G.T. No. 34 of 2010 (State Vs. Abdul Khaliq and others), arising out of Case Crime No. 22 of 2009, under Sections 3(1) of U.P. Gangster Act, Police Station Rudhauli, District Basti, pending in the court of Upper Sessions Judge/Gangster Court, Basti, and further prayed for stay the effect and operation of the impugned order.

The supplementary affidavit filed by the deponent of the case, today, giving explanation/reply in pursuance of the order dated 15.09.2015 passed by this Court. In para 8 of the said affidavit he has also tendering unconditional apology.

Taking into account the apology tendered by the deponent of the case, the proceeding of the aforesaid case are hereby dropped. He shall be warned that not repeated such an act in future, and come up before this Court in clean hands.

After having heard the learned counsel for the parties present and perused the impugned order as well as the material brought on record, I do not find any justification for quashing the impugned order passed in the aforesaid case. The prayer for quashing the same is hereby refused.

However, it is directed that in case the applicant appears and surrender before the court below within two weeks from today and applies for bail, his prayer for bail shall be considered and decided in accordance with law. 

For a period of two weeks from today, non-bailable-warrant issued against the applicant shall be kept in abeyance.

However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

It is made clear that the applicant will not be granted any further time by this Court for surrendering before the Court below as directed above.

The court below to decide aforesaid case in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of six months from the date of production of certified copy of this order, if there is no legal impediment.

With the aforesaid directions, this application is finally disposed of.

Order Date :- 9.10.2015

VKG