Hazi Mushahid And Another vs State Of U.P. And Another
2021 Latest Caselaw 10607 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 
Case :- APPLICATION U/S 482 No. - 10072 of 2021
 

 
Applicant :- Hazi Mushahid And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Surendra Prasad Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajiv Gupta,J.

Heard learned counsel for the applicants, learned AGA for the State and perused the record.

This application under Section 482 CrPC has been filed with a prayer to quash the summoning order dated 23.02.2021 and entire proceedings of Complaint Case No. 166 of 2020 (Afsana @ Baby Vs. Haji Mushahid and others), under Sections 452, 504, 506 IPC, Police Station Amroha Nagar, District Amroha, pending in the court of Civil Judge (Jr. Div.)/ F.T.C. IInd, Amroha.

At the very outset, learned counsel for the applicants has submitted that he does not want to press other prayers made in the prayer clause and has only made a prayer for expeditious disposal of his bail application in view of law laid down in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

Considering the prayer of the applicants, it is directed that if the applicants appear before the court below within one month from today and apply for bail, their prayer for bail shall be considered and decided in view of settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).

For a period of one month from today or till the applicants appear and apply for bail, whichever is earlier, no coercive action shall be taken against them. However in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.

With the aforesaid observations, this application under Section 482 CrPC is finally disposed of.

Order Date :- 18.8.2021/Nadim