Abdul Jalil vs State Of U.P. & Another
2021 Latest Caselaw 4934 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 33
 
Case :- U/S 482/378/407 No. - 1873 of 2021
 
Applicant :- Abdul Jalil
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Dinesh Kr. Chaudhary
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Virendra Kumar Srivastava,J.

C.M. Application No.52708 of 2021

Application is allowed.

Order Date :- 12.4.2021

mks

Case :- U/S 482/378/407 No. - 1873 of 2021

Applicant :- Abdul Jalil

Opposite Party :- State Of U.P. & Another

Counsel for Applicant :- Dinesh Kr. Chaudhary

Counsel for Opposite Party :- G.A.

Hon'ble Virendra Kumar Srivastava,J.

Heard learned counsel for the applicant and learned Additional Government Advocate and perused the record.

Instant application under Section - 482 CrPC has been filed for quashing the judgment and order dated 27.11.2019, passed in Criminal Revision No.67/2012, passed by learned Additional District and Sessions Judge - III, Balrampur as well as summoning order dated 27.3.2012 passed by learned Judicial Magistrate, Balrampur whereby the applicant has been summoned in complaint case no.17/2012, under Section 420 IPC, police station - Maharajganj Tarai, District - Balrampur.

Learned counsel for the applicant submits that though the applicant is innocent and have been falsely implicated as the impugned matter pertains to a civil dispute between the parties but he is not pressing the case on merit. Learned counsel further submits that the applicant is ready to surrender before the Court but in view of the COVID-2019 pandemic situation some more time be given to the applicant to appear and surrender before the concerned court with further direction that the bail application filed by the applicant, be decided as expeditiously as possible, preferably on same day.

Learned Additional Government Advocate has no objection.

In view of the submission made by the learned counsel for the applicant the prayer for quashing the aforesaid impugned judgment and order dated 27.11.2019 as well as proceedings of aforesaid criminal complaint is refused. However, this Court is of the view that a direction is required to be given for expeditious disposal of the bail application of the applicant.

In view of the above, the instant application is finally disposed of with a direction to the Court concerned that if the applicant surrenders/ appear before the court below within three weeks and applies for bail, his bail application be considered and decided expeditiously, as per law, as early as possible, preferable, on the same day.

Order Date :- 12.4.2021

mks