Abdullah Khan vs State Of U.P. And Another
2021 Latest Caselaw 796 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 78
 

 
Case :- APPLICATION U/S 482 No. - 14369 of 2020
 

 
Applicant :- Abdullah Khan
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Pradeep Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Heard Shri Pradeep Kumar Mishra, learned counsel for the applicant and learned A.G.A. for the State.

The present application under Section 482 Cr.P.C. has been filed for quashing the impugned charge-sheet dated 9.11.2018 as well as entire proceedings of Criminal Case No.1702 of 2019 arising out of Case Crime No.117 of 2017, under Section 3/7 of Essential Commodities Act and Section 12/26/30A of the Legal Metrology Act, 2009, Police Station-Aliganj, District- Bareilly, pending in the Court of Additional Chief Judicial Magistrate, Court No.1, Bareilly (State of U.P. Vs. Abdullah Khan).

Learned counsel for the applicant submits that the applicant is ready to avail the remedy of discharge and prayed that certain protection may be granted to the applicant.

Learned counsel for the State has no objection against the aforesaid prayer.

Considering the prevailing situation due to COVID-19 Pandemic and also the undertaking given by applicant, a one time protection for four weeks from today is granted, restraining respondents from taking any coercive action against applicant pursuant to aforesaid criminal case and in case the applicant surrenders before the learned trial court and files appropriate application, the same shall be considered in accordance with law, considering the judgment passed by the Hon'ble Supreme Court in Lal Kamlendra Pratap Singh Versus State of UP and Ors reported in 2009 (4) SCC 437.

With the aforesaid directions, the application is disposed of.

Order Date:-12.1.2021

SB